Legal Opinion

Nash v. West

United States Court of Appeals for Veterans Claims

Decided February 23, 1998No. 97-749PublishedCited by 4 opinions

1Opinion of the Court

NEBEKER, Chief Judge, filed the opinion of the Court. KRAMER and STEINBERG, Judges, filed an opinion concurring in part and dissenting in part.

NEBEKER, Chief Judge:

This petition for extraordinary relief in the nature of mandamus is before the en bane court sua sponte. A majority of the original panel would have construed the petition as a notice of appeal from an inferred denial of presumptive service connection for cancer under 38 C.F.R. § 3.309. When the panel opinion, with the author’s dissent, was circulated for internal notice purposes an en banc vote was called for and, by a vote of 5…

2Cases cited5 opinions

  1. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  2. Harris v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. Air Line Pilots Association, International v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1984
  4. Erspamer v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  5. Steffens v. BrownUnited States Court of Appeals for Veterans Claims · 1995

3Cited by4 opinions

  1. John R. Ramsey Et Al. v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  2. Carpenter v. WestUnited States Court of Appeals for Veterans Claims · 1998
  3. Cole v. WestUnited States Court of Appeals for Veterans Claims · 1999
  4. John R. Ramsey Et Al. v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006

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