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Legal Opinion

MacWhorter v. Derwinski

United States Court of Appeals for Veterans Claims

Decided July 31, 1992No. 90-935PublishedCited by 13 opinions

1Opinion of the Court

NEBEKER, Chief Judge:

The Secretary of Veterans’ Affairs (Secretary) moved for reconsideration of this Court’s January 31, 1992, MacWhorter decision. MacWhorter v. Derwinski, 2 Vet.App. 133 (1992) (hereinafter MacWhorter I). Appellant was invited to file a response and has done so. We grant reconsideration and amend the opinion to the extent it granted appellant complete relief.

I

MacWhorter I deemed General Counsel’s failure to file a brief addressing issues and concomitant relief, beyond his partial confession of error in a motion to remand, to constitute a concession of error and therefore a…

2Cases cited5 opinions

  1. United States v. James Lynn HootonCourt of Appeals for the Ninth Circuit · 1982
  2. Frankel v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Samuel D. Butler, Jr. v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1992
  4. Cerullo v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. MacWhorter v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992

3Cited by13 opinions

  1. Johnson v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  2. Saunders v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  3. Andre v. WestUnited States Court of Appeals for Veterans Claims · 2000
  4. Mays v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  5. West v. WestUnited States Court of Appeals for Veterans Claims · 1999

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