Legal Opinion

Phillip G. Cline v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided August 16, 2012No. 10-3543PublishedCited by 5 opinions

1Opinion of the Court

HAGEL, Judge:

Phillip G. Cline appeals through counsel a July 1, 2010, Board of Veterans’ Appeals (Board) decision that granted entitlement *19to an initial disability rating of 70%, but no higher, for post-traumatic stress disorder, effective May 6, 1999, but no earlier.1 Mr. Cline’s Notice of Appeal was timely, and the Court has jurisdiction to review the Board decision pursuant to 38 U.S.C. § 7252(a). Because the Board improperly applied amended 38 C.F.R. § 3.156(c)(2) retroactively, the Court will vacate that portion of the July 2010 Board decision that determined that an effective date pri-…

2Cases cited21 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  3. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  4. Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
  5. Richard A. Batterton, Secretary of Employment & Social Services of the State of Maryland v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1980

16 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cline v. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  2. Everett Emerson v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
  3. Cline v. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013
  4. Miller v. CollinsCourt of Appeals for the Federal Circuit · 2026
  5. Philip G. Cline v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2013

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