Forshey v. Gober
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by Chief Judge MAYER in which Circuit Judge PAULINE NEWMAN joins. Dissenting opinion filed by Circuit Judge SCHALL.
MAYER, Chief Judge.
Rezi P. Forshey appeals the judgment of the United States Court of Appeals for Veterans Claims denying her dependency and indemnity compensation for the death of her husband. See Forshey v. West, 12 Vet.App. 71 (1998). Because we do not agree that the presumption of service-connection under 38 U.S.C. § 105(a) may be rebutted by a preponderance of the evidence, we vacate the judgment and remand the case.
Background
Forshey is the widow…
2Cases cited18 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- In Re WINSHIPSupreme Court of the United States · 1970
- Santosky v. KramerSupreme Court of the United States · 1982
- Singleton v. WulffSupreme Court of the United States · 1976
- Addington v. TexasSupreme Court of the United States · 1979
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3Cited by10 opinions
- Rezi P. Forshey, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
- Vargas-Gonzalez v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
- Morton v. GoberUnited States Court of Appeals for Veterans Claims · 2000
- Ozer v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
- Demutiis v. United StatesUnited States Court of Federal Claims · 2000
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