Legal Opinion · Dissent
Sprinkle v. Shinseki
Court of Appeals for the Federal Circuit
Decided October 24, 2013No. 18-2223Published
1DissentTaranto, Circuit Judge
I would vacate the decision of the Court of Appeals for Veterans Claims and remand the matter for that court to reconsider its ruling on the non-constitutional “fair process” doctrine. The Veterans Court’s discussion leaves uncertain how it interpreted the doctrine. On this “rule of law” issue, 38 U.S.C. § 7292(a), it is advisable for the Veterans Court to provide clarification in the first instance.
Our jurisdictional grant covering this case, 38 U.S.C. §§ 7292(a), (d)(1), sharply limits what we may decide. Mr. Sprinkle has not presented a constitutional issue. He has presented only an…
2Cases cited8 opinions
- Greene v. McElroySupreme Court of the United States · 1959
- Rezi P. Forshey, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
- Thurber v. BrownUnited States Court of Appeals for Veterans Claims · 1993
- American-Arab Anti-Discrimination Committee v. RenoCourt of Appeals for the Ninth Circuit · 1995
- United States v. Mohammed AbuhamraCourt of Appeals for the Second Circuit · 2004
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