Legal Opinion

Yu v. West

United States Court of Appeals for Veterans Claims

Decided August 25, 1998No. 95-199Published

1Opinion of the Court

ORDER

2Per curiam

This case is before the Court on appeal of a September 23, 1992, Board of Veterans’ Appeals (Board or BVA) decision concluding that the veteran had not presented new and material evidence to reopen certain claims. The appellant has consistently sought to have the record on appeal (ROA) redacted to omit certain references to homosexuality that he finds objectionable, and the Court has concluded that it is without authority to so redact the ROA because its review of BVA decisions on appeal must be based on the same record that was before the Board. See YU v. Brown, 8 Vet.App. 184, 184-85…

3Cases cited7 opinions

  1. Liteky v. United StatesSupreme Court of the United States · 1994
  2. Hugh D. Cox v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  3. Bell v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  4. Rogozinski v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  5. In re the Fee Agreement of CoxUnited States Court of Appeals for Veterans Claims · 1997

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