Legal Opinion

Donald Mathews v. Robert A. McDonald

United States Court of Appeals for Veterans Claims

Decided October 14, 2016No. 15-1787Published

1Opinion of the Court

BARTLEY, Judge:

Veteran Donald Mathews appeals through counsel a March 30, 2015, Board of Veterans’ Appeals (Board) decision denying service connection for post-operative residuals of a neck tumor. Record (R.) at 2-29. This appeal is timely and the Court has jurisdiction to review the Board decision pursuant to 38 U.S.C. §§ 7252(a) and 7266(a), This case was referred to a panel to consider whether the Board may sub silentio incorporate its reasons or bases for a finding made in a prior remand order into a subsequent Board decision. For the reasons that follow, the Court will set aside the…

2Cases cited18 opinions

  1. Shinseki, Secretary of Veterans Affairs v. SandersSupreme Court of the United States · 2009
  2. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
  4. Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
  5. Stegall v. WestUnited States Court of Appeals for Veterans Claims · 1998

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