Legal Opinion · Concurring in part, dissenting in part

Harmon Carter, Jr. v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided May 20, 2014No. 12-0218Published

1Concurring in part, dissenting in partKasold, Chief Judge

I fully concur in the Court’s (1) holding today that the terms of a joint motion for remand (JMR) are for consideration when determining what issues might reasonably be raised by the record, as well as the Court’s application of that holding, and (2) application of Savage v. Shinseki, 24 Vet.App. 259 (2011), to the facts in this case.

I cannot agree, however, with the majority’s view of professional responsibility with regard to managing a case. Succinctly stated, the Secretary confirmed at oral argument that, with regard to claims remanded by the Court, it is his practice to *548send claimants…

2Cases cited8 opinions

  1. Thurber v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  2. Austin v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  3. Donald L. Wagner v. United StatesCourt of Appeals for the Federal Circuit · 2004
  4. Lonnie A. Overton v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  5. Robert H. Arneson v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API