Carlton F. Seymour, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs
Court of Appeals for the Federal Circuit
1Opinion of the Court
DECISION
DYK, Circuit Judge.
This case presents the question whether a veteran’s disability claim under 38 U.S.C. § 1151 survives the veteran’s death. We hold that it does not and therefore that the Court of Appeals for Veterans Claims properly dismissed this appeal for lack of jurisdiction.
I
Carlton F. Seymour enlisted in the United States Army in July 1948. On December 2, 1950, he was wounded in the right thigh by North Korean machine gun fire. On December 12, 1952, Mr. Seymour was awarded an 80 percent combined disability rating as a result of this wound. Mr. Seymour became disabled and…
2Cases cited9 opinions
- Brown v. GardnerSupreme Court of the United States · 1994
- United States v. BrownSupreme Court of the United States · 1954
- Fred P. Gardner, Claimant-Appellee v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1993
- Vda de Landicho v. BrownUnited States Court of Appeals for Veterans Claims · 1994
- Zevalkink v. BrownCourt of Appeals for the Federal Circuit · 1996
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3Cited by18 opinions
- Padgett v. NicholsonCourt of Appeals for the Federal Circuit · 2007
- Zatuchni v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
- Pekular v. MansfieldUnited States Court of Appeals for Veterans Claims · 2007
- Pelea v. NicholsonCourt of Appeals for the Federal Circuit · 2007
- Robert L. Trafter v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
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