Legal Opinion
Tarver v. Shinseki
Court of Appeals for the Federal Circuit
Decided March 5, 2009No. 2007-7119PublishedCited by 17 opinions
1Opinion of the Court
BRYSON, Circuit Judge.
This case requires us to revisit an issue we addressed recently, albeit in a somewhat different context. At issue is a regulation promulgated by the Department of Veterans Affairs governing entitlement to benefits for the surviving spouses and children of disabled veterans. The question before us, which is closely akin to the question that was presented to us in Rodriguez v. Peake, 511 F.3d 1147 (Fed.Cir.2008), is whether that regulation should be given retroactive effect with respect to a spousal claim filed before the regulation was issued.
I
The'surviving spouse,…
2Cases cited16 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Lindh v. MurphySupreme Court of the United States · 1997
- Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
- Tworivers v. LewisCourt of Appeals for the Ninth Circuit · 1999
- Horning v. District of ColumbiaSupreme Court of the United States · 1920
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wildflower International, Ltd. v. United StatesUnited States Court of Federal Claims · 2012
- Larry D. Ervin v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
- Kernea v. ShinsekiCourt of Appeals for the Federal Circuit · 2013
- Margreit Castellano v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
- Phillip G. Cline v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2012
12 more not listed; retrieve them via the Exa API.