United States Federal Circuit
Hyatt v. Shinseki, 08-7163
In a dispute involving disability compensation, Court of Appeals for Veterans Claims' judgment against plaintiff is affirmed where: 1) plaintiff lacks standing to be substituted as a party for her deceased husband as the withdrawal of the Veterans Court's decision in her husband's appeal will not adversely affect plaintiff; and 2) nunc pro tunc effect cannot be given to the court's earlier decision on an appeal taken by plaintiff's deceased husband for which a decision was issued but judgment was not yet entered prior to his death, because since substitution is inappropriate, nunc pro tunc relief is also unavailable.
Appellate Information
- Decided 05/27/2009
- Published 05/27/2009
Judges
Court
- United States Federal Circuit