Legal Opinion

Michael J. Bartlett v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided March 10, 2011No. 08-4092PublishedCited by 5 opinions

1Opinion of the Court

KASOLD, Chief Judge:

Michael J. Bartlett appeals through counsel a September 17, 2008, Board of Veterans’ Appeals (Board) decision that denied his claim for disability compensation pursuant to 38 U.S.C. § 1151 (providing for compensation for VA fault in certain circumstances), because it was predicated on injuries received from an attack by another patient while Mr. Bartlett was admitted to a VA hospital, which the Board concluded was outside the scope of section 1151. Mr. Bartlett disputes this understanding of the law. The Secretary seeks affirmance of the. Board decision. For the reasons…

2Cases cited37 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. United States v. MenascheSupreme Court of the United States · 1955

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3Cited by5 opinions

  1. Robert L. Trafter v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  2. Viegas v. ShinsekiCourt of Appeals for the Federal Circuit · 2013
  3. Paul L. Ollis v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
  4. Paul L. Ollis v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
  5. Robert L. Trafter v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013

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