Larry G. Tyrues v. Eric K. Shinseki

LANCE, Judge, with whom SCHOELEN, Judge,

joins, concurring in part and dissenting in part:

While I agree with the outcome on the theory that was addressed by the majority, I cannot agree that we lack jurisdiction over the entire claim. The majority opinion effectively overrules our decision in Roebuck v. Nicholson, 20 Vet.App. 307 (2006), by limiting the case to its facts. The majority does so in the name of administrative efficiency. However, I cannot agree that administrative efficiency trumps a veteran’s interest in receiving the full *194amount of benefits that he is entitled to by virtue of…