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Jones v. Shinseki, 09-7128

By FindLaw Staff on September 15, 2010 3:07 PM

Jones v. Shinseki, 09-7128, involved a challenge to the Court of Appeals for Veterans Claims' (Veterans Court) affirmance of the Board of Veterans' Appeals' (Board) denial of a claim,  in a veteran's petition for an earlier effective date for post-traumatic stress disorder (PTSD) based on a claim filed in 1973, which he alleges was still pending when his claim was later reopened. 


As the court wrote: "If a veteran has a claim pending in appellate status, a decision by the Board denying a subsequent identical claim effectively informs him that the earlier claim also has been disallowed by the Board on appeal.  Thus, the court affirmed in holding that the Veterans Court correctly determined that petitioner's 1973 claim was resolved by a 1986 Board decision.

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