Lee v. Gober

I agree that this case is controlled by, and must be dismissed pursuant to, the Court’s opinion in Scarborough v. West, 13 Vet.App. 530 (2000) (per curiam order), appeal docketed sub. nom. Scarborough v. Gober, No. 00-7172 (Fed.Cir. Aug. 30, 2000). See Bethea v. Derwinski, 2 Vet.App. 252, 254 (1992) (panel decisions constitute “binding precedent” unless overturned by en banc opinion of this Court or decision of Federal Circuit or Supreme Court).1 I write separately because I disagree with Scarborough.

The Scarborough opinion was appealed to the U.S. Court of Appeals for the Federal Circuit…