Schroeder v. West

Veterans Claims

Schroeder v. West

12 Vet. App. 184, 1999 U.S. Vet. App. LEXIS 230, 1999 WL 54584

CourtUnited States Court of Appeals for Veterans Claims

DecidedFebruary 8, 1999

DocketNo. 97-131

StatusPublished

Cited by2 cases

This text of 12 Vet. App. 184 (Schroeder v. West) is published on Counsel Stack Legal Research, covering United States Court of Appeals for Veterans Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schroeder v. West, 12 Vet. App. 184, 1999 U.S. Vet. App. LEXIS 230, 1999 WL 54584 (Cal. 1999).

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Opinion

ORDER

PER CURIAM:

In his brief, the appellant has, inter alia, moved for an initial decision by the full Court on the issue of whether a duty to assist attaches pursuant to 38 U.S.C. § 5107(a) pri- or to the submission of a well-grounded claim. However, the Court notes that the decision of the U.S. Court of Appeals for the Federal Circuit in Epps v. Gober, 126 F.3d 1464, 1468 (Fed.Cir.1997), cert. denied sub nom. Epps v. West, — U.S. -, 118 S.Ct. 2348, 141 L.Ed.2d 718 (1998) (mem.), expressly rejected the appellant’s contention in this case, and that that case is binding on this Court.

[185]*185On consideration of the foregoing and the record on appeal, it is

ORDERED that the motion is denied.

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ORDER

PER CURIAM:

In his brief, the appellant has, inter alia, moved for an initial decision by the full Court on the issue of whether a duty to assist attaches pursuant to 38 U.S.C. § 5107(a) pri- or to the submission of a well-grounded claim. However, the Court notes that the decision of the U.S. Court of Appeals for the Federal Circuit in Epps v. Gober, 126 F.3d 1464, 1468 (Fed.Cir.1997), cert. denied sub nom. Epps v. West, — U.S. -, 118 S.Ct. 2348, 141 L.Ed.2d 718 (1998) (mem.), expressly rejected the appellant’s contention in this case, and that that case is binding on this Court.

[185]*185On consideration of the foregoing and the record on appeal, it is

ORDERED that the motion is denied.

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Bluebook (online)

12 Vet. App. 184, 1999 U.S. Vet. App. LEXIS 230, 1999 WL 54584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schroeder-v-west-cavc-1999.

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