Legal Opinion

Rodriguez v. Peake

Court of Appeals for the Federal Circuit

Decided January 7, 2008No. 2006-7023PublishedCited by 22 opinions

1Opinion of the Court

KEELEY, Chief District Judge.

James B. Peake, M.D., Secretary of Veterans Affairs (“the Secretary”), appeals from a decision of the United States Court of Appeals for Veterans Claims (‘Veterans Court”), permitting a survivor of a deceased veteran to proceed with a claim for dependency and indemnity compensation (“DIC”). Rodriguez v. Nicholson, 19 Vet.App. 275 (2005). That decision overturned a ruling by the Board of Veterans’ Appeals (“the Board”) and held that application of 38 C.F.R. § 3.22, as amended in January 2000, to a DIC claim pending prior to the amendment, took away a substantial…

2Cases cited18 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
  3. Sanders v. NicholsonCourt of Appeals for the Federal Circuit · 2007
  4. Lyle H. Prenzler v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1991
  5. Simmons v. NicholsonCourt of Appeals for the Federal Circuit · 2007

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3Cited by22 opinions

  1. Doyon v. United StatesCourt of Appeals for the Federal Circuit · 2023
  2. Wildflower International, Ltd. v. United StatesUnited States Court of Federal Claims · 2012
  3. Tarver v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
  4. Beraud v. McDonaldCourt of Appeals for the Federal Circuit · 2014
  5. Larry D. Ervin v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011

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

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