Legal Opinion

Crispin B. Untalan v. R. James Nicholson

United States Court of Appeals for Veterans Claims

Decided October 3, 2006No. 03-1628PublishedCited by 4 opinions

1Opinion of the Court

KASOLD, Judge:

Crispin B. Untalan appeals though counsel a June 2, 2003, decision of the Board of Veterans’ Appeals (Board) that declined to reopen his claim for disability compensation benefits that had been forfeited pursuant to 38 U.S.C. § 3504(a) (now 38 U.S.C. § 6104(a)) based on a determination that Mr. Untalan had assisted an enemy of the United States. Mr. Untalan argues that the Board erred, as a factual matter and as a matter of law, in finding that his testimony regarding his mens rea at the time that he rendered assistance to the enemy did not constitute new and material evidence…

2Cases cited20 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  4. Russell v. PrincipiUnited States Court of Appeals for Veterans Claims · 1992
  5. Tom L. Ashlock v. Conseco Services, LLCCourt of Appeals for the Eleventh Circuit · 2004

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

3Cited by4 opinions

  1. Douglas L. Kelley v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  2. Tony W. Robertson v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  3. Paul G. Wait v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2020
  4. Robert J. Bria v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2021

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