Legal Opinion

Barger v. Principi

United States Court of Appeals for Veterans Claims

Decided May 24, 2002No. 97-1775PublishedCited by 11 opinions

1Opinion of the Court

IVERS, Judge:

Before the Court is the appeal from an August 12, 1997, decision of the Board of Veterans’ Appeals (BVA or Board) that determined that the appellant had not timely filed a request for a waiver of recovery of overpayment of improved death pension benefits. Pursuant to 38 U.S.C. § 7252(a), the Court has jurisdiction to consider this appeal. The Secretary has moved for the Court to strike an exhibit A, which is appended to the appellant’s brief, because the exhibit was not in the record before the Board. The Court will grant the Secretary’s motion. See 38 U.S.C. § 7252(b). For the…

2Cases cited5 opinions

  1. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  2. Adway Maggitt, Jr., Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000
  3. Smith v. GoberUnited States Court of Appeals for Veterans Claims · 2000
  4. Holliday v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
  5. McCullough v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001

3Cited by11 opinions

  1. Espiridion L. Lueras v. Anthony J. PrincipiUnited States Court of Appeals for Veterans Claims · 2004
  2. Mitchell E. Sims v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  3. Damian Reyes v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2007
  4. 07-11 679Board of Veterans' Appeals · 2014
  5. 08-30 726Board of Veterans' Appeals · 2010

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