Legal Opinion · Dissent

Klekar v. West

United States Court of Appeals for Veterans Claims

Decided June 1, 1999No. 97-1518Published

1DissentKramer, Judge

As we have long held, the adjudication of claims by VA involves “chronological obligations.” Gilbert v. Derwinski, 1 Vet.App. 49, 55 (1990). “The initial burden is on the shoulders of the veteran or the claimant” to submit a well-grounded claim. Murphy v. Derwinski, 1 Vet.App. 78, 81-82 (1990). As the majority acknowledges, Mr. Dillon, a handwriting expert, noted “substantial significant differences with respect to line quality, proportionality and individual letter formations” and opined that it is “highly probable” that the signature on the note submitted to VA is not that of the veteran.…

2Cases cited13 opinions

  1. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  2. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  3. Murphy v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  4. Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  5. Grottveit v. BrownUnited States Court of Appeals for Veterans Claims · 1993

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