Legal Opinion

Schaper v. Derwinski

United States Court of Appeals for Veterans Claims

Decided August 26, 1991No. 90-463PublishedCited by 17 opinions

1Opinion of the Court

STEINBERG, Associate Judge:

This case presents a challenge to the validity of a debt asserted against the appellant by the Department of Veterans Affairs (VA) arising out of a VA home loan guaranty on a property that the appellant had sold to third parties who then defaulted on the assumed loan. We hold that the Board of Veterans’ Appeals (BVA or Board) was required to, and failed to, make a determination on the validity of the asserted debt. Hence, we vacate the BVA’s decision and remand for that purpose. We hold, alternatively, that the question of the validity of the asserted debt, when…

2Cases cited8 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  3. Service v. DullesSupreme Court of the United States · 1957
  4. United States v. WhitneyDistrict Court, W.D. New York · 1985
  5. Bahnmiller v. DerwinskiCourt of Appeals for the Fourth Circuit · 1991

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

3Cited by17 opinions

  1. Douglas v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  2. Waterhouse v. PrincipiUnited States Court of Appeals for Veterans Claims · 1992
  3. Crowe v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  4. East v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  5. Stone v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992

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

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