Legal Opinion · Dissent

Williams v. Principi

United States Court of Appeals for Veterans Claims

Decided August 31, 2001No. 98-1491Published

1DissentIvers, Judge

We must dissent because, in our opinion, the majority has not gone far enough. In deciding this case, the Court must give full consideration to the long, often difficult debate surrounding the Agent Orange controversy. That consideration must include, but not be limited to, the Nehmer litigation and Congress’ efforts, which precede Nehmer, to address and resolve the controversy. That consideration must also be coupled with the now-familiar guidance from the U.S. Court of Appeals for the Federal Circuit that courts have “long recognized that the character of the veteran’s *200benefits statutes is…

2Cases cited16 opinions

  1. Brown v. GardnerSupreme Court of the United States · 1994
  2. Fishgold v. Sullivan Drydock & Repair Corp.Supreme Court of the United States · 1946
  3. Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  4. William A. Smith, Claimant-Appellee v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1994
  5. Burke Hensley, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000

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