Legal Opinion
Phillips v. Shinseki
Court of Appeals for the Federal Circuit
Decided September 25, 2009No. 2008-7124, 2008-7142PublishedCited by 19 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
These two appeals raise questions about the procedures that apply when a veteran who is pursuing a claim for disability benefits dies while his claim is pending. In both cases, the veteran-claimant died while his claim was on appeal before the Court of Appeals for Veterans Claims (“the Veterans Court”). In both cases, the question before us is whether the daughters of the deceased veteran-claimants may be substituted for their fathers so that they can pursue either an “accrued-benefits claim” under 38 U.S.C. § 5121 or a claim for attorney fees under the Equal Access to…
2Cases cited16 opinions
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Scarborough v. PrincipiSupreme Court of the United States · 2004
- Mitchell v. OvermanSupreme Court of the United States · 1881
- Vda de Landicho v. BrownUnited States Court of Appeals for Veterans Claims · 1994
- Zevalkink v. BrownCourt of Appeals for the Federal Circuit · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Betty L. Kimmel v. State of New YorkNew York Court of Appeals · 2017
- Figueroa Ex Rel. Estate of Figueroa v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2013
- Charles L. Breedlove Brenda Breedlove v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2010
- Reeves v. Dept. Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2012
- Padgett v. ShinsekiCourt of Appeals for the Federal Circuit · 2011
14 more not listed; retrieve them via the Exa API.