Legal Opinion

Russell v. Principi

United States Court of Appeals for Veterans Claims

Decided October 6, 1992No. Nos. 90-396, 90-416PublishedCited by 299 opinions

1Opinion of the Court

HOLDAWAY, Associate Judge:

These cases have been consolidated by the Court to consider whether the Court has jurisdiction to review decisions by the Board of Veterans’ Appeals (BVA or Board) on the issue of whether there was “clear and unmistakable error” requiring revision, pursuant to 38 C.F.R. § 3.105(a) (1991), of prior adjudications of either an agency of original jurisdiction (AOJ) or the BVA over which the Court does not otherwise have jurisdiction.

We hold that 38 C.F.R. § 3.105(a), which authorizes the BVA or a Department of Veterans Affairs (VA) Regional Office (RO) to revise previous…

2Cases cited8 opinions

  1. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  2. Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
  4. Manio v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. Webster v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991

3 more not listed; retrieve them via the Exa API.

3Cited by299 opinions

  1. Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  2. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  3. William A. Smith, Claimant-Appellee v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1994
  4. Bernard v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  5. James R. Cook, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2003

294 more not listed; retrieve them via the Exa API.

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