Legal Opinion
Dixon v. McDonald
Court of Appeals for the Federal Circuit
Decided March 9, 2016No. 2015-7051PublishedCited by 8 opinions
1Opinion of the Court
CHEN, Circuit Judge.
Karen Dixon, recently substituted as appellant for her deceased husband Donald Dixon, appeals a decision by the Court of Appeals for Veterans Claims (Veterans Court) dismissing her appeal based on a non-jurisdictional timeliness defense that Robert McDonald, Secretary of Veterans Affairs (the Secretary) waived. Because the Veterans Court does not have the sua sponte authority to grant the Secretary relief on a defense he waived, we reverse the dismissal of Mrs. Dixon’s appeal and remand for consideration on the merits.
Background
Mr. Dixon served in the Army from 1979…
2Cases cited20 opinions
- United States v. NixonSupreme Court of the United States · 1974
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Bowles v. RussellSupreme Court of the United States · 2007
- Day v. McDonoughSupreme Court of the United States · 2006
- Henderson v. ShinsekiSupreme Court of the United States · 2011
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3Cited by8 opinions
- Burris v. WilkieCourt of Appeals for the Federal Circuit · 2018
- Skaar v. McDonoughCourt of Appeals for the Federal Circuit · 2022
- Bufkin v. McDonoughCourt of Appeals for the Federal Circuit · 2023
- Charles J. Raybine v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2019
- Conley F. Monk, Jr. v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2018
3 more not listed; retrieve them via the Exa API.