Legal Opinion · Concurring in part, dissenting in part

Shirley A. Edwards v. James B. Peake

United States Court of Appeals for Veterans Claims

Decided January 30, 2008No. 05-3546Published

1Concurring in part, dissenting in partLance, Judge

I concur with the result reached by the majority pertaining to the first debt in the amount of $2,366, but because I believe the Court should affirm the Board’s decision with regard to the second, $12,347 debt, I must respectfully dissent. In an analysis reminiscent of Coburn v. Nicholson, 19 Vet.App. 427 (2006), the majority manufactures confusion where none exists and assumes the role of the appellant’s co-counsel by fashioning a new argument for the appellant to justify a remand. Although the majority finds the $12,347 debt to be interrelated with the $2,366 debt such that a remand is…

2Cases cited4 opinions

  1. Ashley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  2. Frank E. Coburn v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  3. Daniel R. Smith, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
  4. McCullough v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001

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