Legal Opinion

Dennis W. Cogburn v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided December 13, 2010No. 08-1561PublishedCited by 6 opinions

1Opinion of the Court

HAGEL, Judge:

Dennis W. Cogburn appeals though counsel a January 28, 2008, Board of Veterans’ Appeals (Board) decision that denied entitlement to an effective date earlier than October 1, 1991, for the award of VA benefits for post-traumatic stress disorder, including denying that there was clear and unmistakable error in a June 1993 regional office decision. The Court has jurisdiction pursuant to 38 U.S.C. §§ 7252(a) and 7266(a). The case was sent to a panel to address an issue of first impression, which is whether application of the implicit denial doctrine in this circumstance violated the…

2Cases cited36 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Dusenbery v. United StatesSupreme Court of the United States · 2002
  3. Walters v. National Assn. of Radiation SurvivorsSupreme Court of the United States · 1985
  4. Fletcher v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998

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3Cited by6 opinions

  1. Lawrence Delisio v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
  2. Robert L. Trafter v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  3. Terrance D. Massie v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
  4. Bean v. McDonoughCourt of Appeals for the Federal Circuit · 2023
  5. Lawrence Delisio v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011

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

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