Legal Opinion
Hector Ortiz-Valles v. Robert A. McDonald
United States Court of Appeals for Veterans Claims
Decided May 20, 2016No. 14-2540PublishedCited by 11 opinions
1Opinion of the Court
HAGEL, Chief Judge:
Hector Ortiz-Valles appeals through counsel a June 26, 2014, Board of Veterans’ Appeals (Board) decision that denied entitlement to a total disability rating based on individual unemployability. Mr. Ortiz-Valles’s Notice of Appeal was timely, and the Court has jurisdiction to review the Board decision pursuant to 38 U.S.C. § 7262(a). This matter was referred to a panel of the Court to address whether the plain language of 38 C.F.R. § 4.16(a) permits VA to limit consideration of “marginal employment” to only those veterans who are currently employed. The Court held oral…
2Cases cited19 opinions
- United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
- Brown v. GardnerSupreme Court of the United States · 1994
- Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
- King v. St. Vincent's HospitalSupreme Court of the United States · 1991
- Fletcher v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cantrell v. ShulkinUnited States Court of Appeals for Veterans Claims · 2017
- Crystal D. Southall-Norman v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
- Barry C. Withers v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2018
- Center for Food Safety, Inc. v. Wood Farms, LLCDistrict Court, N.D. New York · 2026
- Charles Williams v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2018
6 more not listed; retrieve them via the Exa API.