Legal Opinion

Adams v. Shinseki

Court of Appeals for the Federal Circuit

Decided June 15, 2009No. 2008-7162PublishedCited by 21 opinions

1Opinion of the Court

BRYSON, Circuit Judge.

When a veteran files a claim for disability compensation, that claim is regarded as pending until it is acted upon by the Department of Veterans Affairs (“DVA”). In some instances in which a veteran files several claims, or in which the veteran’s claim is treated as constituting several separate claims, the DVA does not expressly act upon each of the claims. In that setting, it is necessary to decide whether the unaddressed claim is still pending or has been implicitly denied. The answer to that question is important because it can affect the effective date of the…

2Cases cited8 opinions

  1. James R. Cook, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2003
  2. Livesay v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
  3. Robert J. Ingram v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2007
  4. Robert E. Moody, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2004
  5. Capitol Records, Inc. v. Naxos of America, Inc.Court of Appeals for the Second Circuit · 2004

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Rodriguez v. United StatesCourt of Appeals for the First Circuit · 2017
  2. Lawrence Delisio v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
  3. Jones v. ShinsekiCourt of Appeals for the Federal Circuit · 2010
  4. Robert L. Trafter v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  5. Edison B. Locklear v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011

16 more not listed; retrieve them via the Exa API.

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