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United States Federal Circuit


Cogburn v. McDonald, 2014-7130

In an appeal by a veteran seeking disability compensation and pension benefits from the United States Department of Veterans Affairs (VA), the Veterans' Court judgment, affirming a Board of Veterans' Appeals decision that both formally and informally raised claims were implicitly denied in a 1985 Board decision, is affirmed where: 1) the implicit denial rule applies to both formal and informal claims; and 2) its use does not violate the notice provision of the U.S. Department of Veterans Affairs due process regulation.

Appellate Information

  • Published 2016/01/07

Judges

  • HUGHES

Court

  • United States Federal Circuit

Counsel

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