Legal Opinion

James P. G Utierrez v. Anthony J. Principi

United States Court of Appeals for Veterans Claims

Decided December 23, 2004No. 01-2105PublishedCited by 38 opinions

1Opinion of the Court

GREENE, Judge:

Veteran James P. Gutierrez appeals, through counsel, a September 12, 2001, Board of Veterans’ Appeals (Board) decision that denied his claim for service connection under 38 U.S.C. § 1117 for undiagnosed illnesses incurred during the Persian Gulf War. Record (R.) at 1-19. This appeal is timely, and the Court has jurisdiction under 38 U.S.C. §§ 7252(a) and 7266. Because the Board failed to provide an adequate statement of reasons or bases for its decision, the decision will be vacated and the matter remanded to the Board for further action. See Gilbert v. Derwinski, 1 Vet.App. 49,…

2Cases cited24 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
  4. Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995

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

3Cited by38 opinions

  1. James P. Barr v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2007
  2. JAMES A. W ASHINGTON v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005
  3. Larry G. Tyrues v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
  4. William Shade v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2010
  5. Jeffrey T. Petitti v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015

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

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