Legal Opinion
Boggs v. Peake
Court of Appeals for the Federal Circuit
Decided March 26, 2008No. 2007-7137PublishedCited by 35 opinions
1Opinion of the Court
GAJARSA, Circuit Judge.
Claimant-Appellant Clinton C. Boggs, Jr. appeals a decision of the Court of Appeals for Veterans Claims (“CAVC”) affirming a decision of the Board of Veterans’ Appeals (“Board”) that denied his 2002 claim for service connection. The central issue on appeal is whether Boggs’ 2002 claim is the same as a 1955 claim that had already been denied by the Board, or rather is a new claim that should have been reviewed by the Board on the merits. Because the CAVC applied the wrong legal standard in determining that Boggs’ 2002 claim was the same as his 1955 claim, we reverse and…
2Cases cited8 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Jandreau v. NicholsonCourt of Appeals for the Federal Circuit · 2007
- James R. Cook, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2003
- Donald Buchanan, Claimant-Appellant v. R. James Nicholson, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2006
- Flora L. Barnett, Claimant-Appellant v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1996
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- William N. Clemons v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
- Heino v. Dept. Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2012
- Fagan v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
- Richard S. Brokowski v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
- Sursely v. PeakeCourt of Appeals for the Federal Circuit · 2009
30 more not listed; retrieve them via the Exa API.