Legal Opinion
Cole v. Derwinski
United States Court of Appeals for Veterans Claims
Decided May 11, 1992No. 89-30PublishedCited by 13 opinions
1Opinion of the Court
KRAMER, Associate Judge:
The appellant, Marianne Cole, appeals from a July 24, 1989, Board of Veterans’ Appeals (BVA) decision which denied her Restored Entitlement Program for Survivors (REPS) benefits for the period of July 1987 through June 1988. After review of the record and briefs of the parties, the Court holds that the regulations upon which the BVA relied in its decision are in conflict with the statutory authority for the REPS program, and that therefore both the regulations and the BVA decision must be set aside pursuant to 38 U.S.C. § 7261(a)(3)(C) (formerly § 4061(a)(3)(C)) for…
2Cases cited4 opinions
- Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
- Demarest v. ManspeakerSupreme Court of the United States · 1991
- Gardner v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Magula v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
3Cited by13 opinions
- Suzanne v. Skinner, Claimant-Appellee v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1994
- Ozer v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
- Robert J. May v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005
- Brooks v. BrownUnited States Court of Appeals for Veterans Claims · 1993
- Skinner v. BrownUnited States Court of Appeals for Veterans Claims · 1993
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