Legal Opinion

Buie v. Shinseki

United States Court of Appeals for Veterans Claims

Decided March 23, 2010No. 08-2705PublishedCited by 17 opinions

1Per curiam

James E. Buie appeals through counsel a May 5, 2008, Board of Veterans’ Appeals (Board) decision that (1) granted an effective date of April 16,1998, for the award of a total disability rating based on individual unemployability; and (2) granted an effective date of April 16,1998, for the award of a 60% disability rating for a low back disability.1 The Court has jurisdiction pursuant to 38 U.S.C. §§ 7252(a) and 7266(a) to review the Board decision.

The novel legal issue raised by this case is whether a claimant may be awarded special monthly compensation under 38 U.S.C. § 1114(s) when the…

2Cases cited30 opinions

  1. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  2. Brown v. GardnerSupreme Court of the United States · 1994
  3. United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
  4. Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
  5. Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989

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3Cited by17 opinions

  1. Tyra K. Mitchell v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
  2. Sturdivant v. Dept. Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2012
  3. 02-20 508Board of Veterans' Appeals · 2013
  4. 05-06 805Board of Veterans' Appeals · 2013
  5. 06-31 230Board of Veterans' Appeals · 2012

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