Legal Opinion

Talbert v. Brown

United States Court of Appeals for Veterans Claims

Decided January 19, 1995No. 92-1275PublishedCited by 34 opinions

1Opinion of the Court

MANKIN, Judge:

Gene E. Talbert (appellant) appeals a July 9, 1992, decision of the Board of Veterans’ Appeals (BVA or Board) denying entitlement to an increased rating for inactive pulmonary tuberculosis with residuals of pneumothorax, currently evaluated as 20% disabling. The appellant claims an increase in rating for service-connected pulmonary tuberculosis to 30%, based upon his claim that prior VA regional office (RO) and BVA decisions contained clear and unmistakable error (CUE). However, the Board found that there was no CUE in a final unappealed 1952 RO decision, nor in four BVA…

2Cases cited8 opinions

  1. Russell v. PrincipiUnited States Court of Appeals for Veterans Claims · 1992
  2. Manio v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. William A. Smith, Claimant-Appellee v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1994
  4. Mokal v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  5. Myers v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991

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

3Cited by34 opinions

  1. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  2. Dingess - Hartman v. NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  3. William N. Clemons v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
  4. Link v. WestUnited States Court of Appeals for Veterans Claims · 1998
  5. Brannon v. WestUnited States Court of Appeals for Veterans Claims · 1998

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

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