Legal Opinion

Robert v. Posey v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided April 23, 2010No. 08-0240PublishedCited by 23 opinions

1Opinion of the Court

HAGEL, Judge:

Robert V. Posey appeals through counsel a July 17, 2007, Board of Veterans’ Appeals (Board) decision that determined that new and material evidence had not been submitted to reopen a previously denied claim for VA benefits for a respiratory disorder. This matter is before this panel as a result of Mr. Posey’s response, and the Secretary’s subsequent reply to that response, to an order to show cause why his appeal should not be dismissed due to lack of timely filing of the Notice of Appeal. Because the Court concludes that the document submitted to the Court is, in fact, a motion…

2Cases cited11 opinions

  1. Basso v. Utah Power & Light Co.Court of Appeals for the Tenth Circuit · 1974
  2. Angel S. Nieves-Rodriguez v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008
  3. Rosler v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  4. William N. Clemons v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
  5. Oliver L. Jaquay, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002

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

3Cited by23 opinions

  1. Randy L. Pederson v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
  2. Jonathan D. Fithian v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2010
  3. Kyhn v. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
  4. Joyce Ratliff v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  5. William Rickett v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013

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

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