Deanne L. Bonner Simpson's Legal Cases (2)

Military law

Sanchez-Navarro v. McDonald, 774 F.3d 1380 (2014)

Dec 24, 2014

OUTCOME: Vacated and remanded decision of United States Court of Appeals for Veterans' Claims.

The Federal Circuit held that in cases claiming PTSD as a result of military or terrorist threat under 38 C.F.R. s. 3.304(f)(3), a determination must be made as to the veteran's claimed stressors consi ... stency with time, place and circumstances of service before the VA is required to provide a medical examination under the VA's duty to assist proscribed by 38 U.S.C s. 5103A(d)(1).

Military law

Rickett v. Shinseki, USCAVC Docket No. 09-2493 (Vacated on other grounds)

Mar 12, 2013

OUTCOME: Secretary of Veterans Affairs Motion to Dismiss Appeal Denied.

This case set a legal precedent, allowing equitable tolling to apply to a Notice of Appeal erroneously sent (within the appeals 120-day period) to the Secretary of Veterans Affairs Office of the Genera ... l Counsel, as opposed to the Court. It further expanded equitable tolling to cases where the Appellant files a Notice of Appeal to the wrong address, though within the appropriate time period, where the totality of the circumstances shows that the Appellant acted with due diligence.

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