Yoma v. Brown
Cases that cite this one
31 later published cases cite this decision. The 25 that cite it most often are listed here.
- Smith v. Brown (United States Court of Veteran Appeals 1997)
- Barney O. Padgett v. R. James Nicholson (United States Court of Veteran Appeals 2005)
- Brown v. Principi (United States Court of Veteran Appeals 2002)
- Teten v. West (United States Court of Veteran Appeals 2000)
- Johnson v. West (United States Court of Veteran Appeals 1998)
- Hudgins v. Brown (United States Court of Veteran Appeals 1995)
- Denise Loreth v. Eric K. Shinseki (United States Court of Veteran Appeals 2009)
- Pekular v. Mansfield (United States Court of Veteran Appeals 2007)
- Mildred Nolan v. R. James Nicholson (United States Court of Veteran Appeals 2006)
- Francis P. Serra v. R. James Nicholson (United States Court of Veteran Appeals 2005)
- John D. Desbrow v. Anthony J. Principi (United States Court of Veteran Appeals 2004)
- Sagnella v. Principi (United States Court of Veteran Appeals 2001)
- Smith v. Principi (United States Court of Veteran Appeals 2001)
- Kessel v. Gober (United States Court of Veteran Appeals 2000)
- Morton v. Gober (United States Court of Veteran Appeals 2000)
- Erickson v. Gober (United States Court of Veteran Appeals 2000)
- Keen v. West (United States Court of Veteran Appeals 1999)
- Swanson v. West (United States Court of Veteran Appeals 1999)
- Taylor v. West (United States Court of Veteran Appeals 1998)
- Tidwell v. West (United States Court of Veteran Appeals 1998)
- Shepard v. West (United States Court of Veteran Appeals 1998)
- Kawad v. West (United States Court of Veteran Appeals 1998)
- Moffitt v. Brown (United States Court of Veteran Appeals 1997)
- Gregory v. Brown (United States Court of Veteran Appeals 1997)
- Richard v. Gober (United States Court of Veteran Appeals 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On August 10, 1995, the Secretary filed a motion to vacate the Board of Veterans’ Appeals (BVA) decision, dismiss the appeal, and to stay proceedings because the appellant, Domingo M. Yoma, died on July 5, 1995. On September 6, 1995, the appellant’s widow, Mrs. Virginia C. Yoma, filed a motion to continue proceedings in her husband’s appeal.
The Court held in Landicho v. Brown, 7 Vet.App. 42, 44 (1994), that substitution is not permissible in this Court where the appellant is a veteran who dies while the denial by the BVA of the veteran’s claim for disability compensation under chapter 11 of title 38, U.S.Code, is pending here on appeal. Under such circumstances, the Court held that the appropriate remedy is to vacate the BVA decision from which the appeal was taken (and cause the underlying regional office (RO) decision to be vacated as well) and to dismiss the appeal. Id., 7 Vet.App. at 54. This is done to ensure that the BVA decision and the underlying RO decision will have no preclusive effect in the adjudication of any accrued-benefits claims derived from the veteran’s entitlements. Id.
On consideration of the foregoing, it is
ORDERED that the May 12, 1994, BVA decision is vacated. This decision of the Court vacating the BVA decision has the legal effect of nullifying the previous merits adjudication by the RO because this decision was subsumed in the BVA decision. Robinette v. Brown, 8 Vet.App. 69, 80 (1995). Consequently, any subsequent claim by a survivor will be subject to de novo adjudication of any survivor’s claims. It is further
ORDERED that this appeal is DISMISSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.