Legal Opinion

Alfred Procopio, Jr. v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided October 16, 2012No. 11-1253PublishedCited by 6 opinions

1Opinion of the Court

HAGEL, Judge:

Alfred Procopio, Jr., appeals through counsel a March 16, 2011, Board of Veterans’ Appeals (Board) decision denying entitlement to VA benefits for prostate cancer and diabetes mellitus type II with edema, both to include as secondary to herbicide exposure. Record (R.) at 3-15. Mr. Procopio’s Notice of Appeal was timely, and the Court has jurisdiction to review the Board decision pursuant to 38 U.S.C. § 7252(a). Because the Board member conducting the September 2010 hearing did not comply with 38 C.F.R. § 3.103(c)(2) (2010), the Court will vacate the March 16, 2011, Board decision…

2Cases cited27 opinions

  1. Shinseki, Secretary of Veterans Affairs v. SandersSupreme Court of the United States · 2009
  2. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  3. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  4. Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
  5. Fletcher v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991

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3Cited by6 opinions

  1. Cook v. SnyderUnited States Court of Appeals for Veterans Claims · 2017
  2. 12-27 737Board of Veterans' Appeals · 2015
  3. Thomas C. Leavey, Jr. v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
  4. Thomas C. Leavey, Jr. v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2014
  5. Thomas C. Leavey, Jr. v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015

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