Legal Opinion
Capellan v. Peake
Court of Appeals for the Federal Circuit
Decided September 2, 2008No. 2007-7236PublishedCited by 10 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge NEWMAN. Concurring opinion filed by Circuit Judge SCHALL.
*1374NEWMAN, Circuit Judge.
This appeal centers on the attempt of Fortunata Capellán to establish that her husband, Santiago A. Capellán, was killed in the Battle of Bataan in 1942 while in the Armed Forces of the Philippines in the service of the United States Armed Forces. His body was never recovered. Mrs. Capellan’s claim is founded on 38 U.S.C. § 107, which provides certain veterans benefits to members of the Philippine military services who were incorporated into the United States Armed…
2Cases cited12 opinions
- Donald Buchanan, Claimant-Appellant v. R. James Nicholson, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2006
- Douglas B. Morgan, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2003
- William J. Kelly v. NicholsonCourt of Appeals for the Federal Circuit · 2006
- Patrick F. D’AMICO, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-AppelleeCourt of Appeals for the Federal Circuit · 2000
- Duro v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fagan v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
- Hogan v. PeakeCourt of Appeals for the Federal Circuit · 2008
- Henry L. Gardner v. Erik K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
- Juliet T. Tagupa v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2014
- 10-48 116Board of Veterans' Appeals · 2013
5 more not listed; retrieve them via the Exa API.