Legal Opinion
AG v. Peake
Court of Appeals for the Federal Circuit
Decided August 15, 2008No. 2007-7217PublishedCited by 9 opinions
1Opinion of the Court
POGUE, Judge.
This case raises the issue of whether, in the absence of a notice of a veteran’s right to appeal, the Department of Veterans Affairs’ (“VA’s”) 1985 dismissal of that veteran’s claim is final. Appellant AG, the veteran, challenges the 1985 dismissal of his claim. Because the governing rule of law established by the Court of Appeals for Veterans Claims (“Veterans Court”) requires that failure to notify a veteran of his right of appeal renders the Secretary of Veterans Affairs’ decision non-final, see Best v. Brown, 10 Vet.App. 322, 325 (1997), we vacate and remand.
I
As noted above,…
2Cases cited6 opinions
- James R. Cook, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2003
- Lyle H. Prenzler v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1991
- Larry D. Barrett, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2004
- Rita L. Dicarlo v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
- Best v. BrownUnited States Court of Appeals for Veterans Claims · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- And Alfred R. Young v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
- Hargrove v. ShinsekiCourt of Appeals for the Federal Circuit · 2011
- Fred A. Mitchell v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
- Knowles v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
- And Alfred R. Young v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
4 more not listed; retrieve them via the Exa API.