| 04/14/2020 |
| Supplemental authorities under Rule 30(b). (SDK) |
| 04/21/2020 |
| Supplemental authorities under Rule 30(b). (KMC) |
| 04/21/2020 |
| Case argued before Judges Pietsch, Greenberg, and Toth. (DB) |
| 05/19/2020 |
| Opinion that the BVA decision is affirmed; TOTH, Judge: Veteran Gary Philbrook applied for a total disability evaluation based on
individual unemployability (TDIU) while he was in the custody of a state institution following a
judgment of guilty except for insanity on a criminal charge entered by an Oregon court. The Board
denied TDIU under federal provisions that prohibit the assignment of a total disability rating to a
veteran who "is incarcerated in a Federal, State or local penal institution or correctional facility for
conviction of a felony." 38 U.S.C. § 5313(c); accord 38 C.F.R. § 3.341(b) (2019). Mr. Philbrook
appeals, arguing that the statute does not apply to his circumstances and, thus, did not prevent an
award of TDIU. Because the plain language of the statute covers the veteran's situation, we affirm. (PIETSCH, GREENBERG and TOTH) (D) |
| 06/10/2020 |
| Judgment (D) |
| 08/07/2020 |
| Appellant's Notice of Appeal to the U.S. Court of Appeals for the Federal Circuit (KMC) |
| 08/10/2020 |
| Letter to Kenneth M. Carpenter re the U.S. Court of Appeals for the Federal Circuit filing fee $500 (D) |
| 08/21/2020 |
| (p) RECEIVED: U.S. Court of Appeals for the Federal Circuit filing fee $500 (MA) |
| 09/02/2020 |
| Appellant's Notice of Appeal transmitted to U.S. Court of Appeals for the Federal Circuit (D) |
| 09/03/2020 |
| RECEIVED: Notice of Docketing from the U.S. Court of Appeals for the Federal Circuit dated 09/03/2020; case number [20-2233] (D) |
