Mark Ryan Lippman's Legal Cases (6)

Administrative law

Checo v. Shinseki, 748 F.3d 1373

N/A

OUTCOME: Published Opinion

Court held that homeless veterans are entitled to extra time to file their appeals if their homelessness prevented them from filing.

Administrative law

Gambill v. Shinseki, 576 F.3d 1306

N/A

OUTCOME: Published Opinion

(concurring, J. Moore) (due process of law affords a claimant the right to submit written questions – called “interrogatories” – to the VA’s C & P physicians to obtain information about the their quali ... fications and findings).

Administrative law

Robinson v. Shinseki, 557 F.3d 1355

N/A

OUTCOME: Published Opinion

(Court holds that, even if the veteran is represented by an attorney, the VA must adjudicate his claim in the same way as pro se claimants, sympathetically and paternalistically).

Administrative law

Barrett v. Principi (“Barrett I), 363 F.3d 1316 (

N/A

OUTCOME: Published Opinion

(Court held that a veteran could assert mental incapacity as a basis to toll or extend the deadline to file an appeal). *Has been effectively overruled by Henderson v. Shinseki, 589 F.3d 1201 (en banc) ... (Fed. Cir. 2009).

Administrative law

Barrett v. Nicholson (“Barrett II), 466 F.3d 1038

N/A

OUTCOME: Published Opinion

(Court held that the Secretary has a duty to obtain a medical opinion to determine whether a veteran’s alleged mental incapacity is severe enough to toll the filing period for an appeal). *Has been eff ... ectively overruled by Henderson v. Shinseki, 589 F.3d 1201 (en banc) (Fed. Cir. 2009).

Administrative law

Durr v. Nicholson, 400 F.3d 1376

N/A

OUTCOME: Published Opinion

(Court held that the contents and requirements of a Notice of Appeal must be liberally construed in favor of veterans).

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