Legal Opinion
Pirkl v. Wilkie
Court of Appeals for the Federal Circuit
Decided October 17, 2018No. 2017-1916PublishedCited by 7 opinions
1Opinion of the Court
Taranto, Circuit Judge.
*1373 This case returns to us from a decision of the Court of Appeals for Veterans Claims rendered on remand from our decision in Pirkl v. Shinseki , 718 F.3d 1379 (Fed. Cir. 2013) ( Pirkl I ), where we addressed the remedy required for a clear and unmistakable error in a disability rating decision long ago. We now reverse the Veterans Court's decision. We conclude that the Veterans Court mistakenly interpreted a key regulation and took too constrained a view of the legally required corrective remedy for the undisputed rating decision error. We remand for further proceedings…
2Cases cited16 opinions
- Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
- Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
- Milliken v. BradleySupreme Court of the United States · 1977
- United States v. VirginiaSupreme Court of the United States · 1996
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
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3Cited by7 opinions
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