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Legal Opinion

Reizenstein v. Shinseki

Court of Appeals for the Federal Circuit

Decided September 29, 2009No. 2009-7012PublishedCited by 42 opinions

1Opinion of the Court

PROST, Circuit Judge.

Randall Reizenstein appeals the July 16, 2008 decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) holding that 38 C.F.R. § 3.343(a) does not apply to assignments of retrospective staged ratings that include a temporary total disability rating. For the reasons set forth below, we affirm. Although we agree with the Veterans Court that § 3.343(a) is directed to prospective ratings, this does not mean that the VA is excused from providing its reasons for all changes in disability ratings, whether prospective or retrospective.

I. BACKGROUND

Mr.…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Auer v. RobbinsSupreme Court of the United States · 1997
  3. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  4. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  5. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945

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3Cited by42 opinions

  1. American Signature, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2010
  2. Checo v. ShinsekiCourt of Appeals for the Federal Circuit · 2014
  3. Nathan Yancy v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
  4. Thomas F. Cacciola v. Sloan D. GibsonUnited States Court of Appeals for Veterans Claims · 2014
  5. Marvin O. Johnson v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013

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

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