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United States Court of Appeals for Veterans Claims
Case Number:18-5628 Docketed: 10/03/2018
Gary Philbrook v. Robert L. Wilkie
Appeal From: Department of Veteran Affairs
Fee Status: fee paid
Case Type Information:
     1) NOA - Veterans Appeal
     2) -
     3) -

04/14/2020 Open Document Supplemental authorities under Rule 30(b). (SDK)
04/21/2020 Open Document Supplemental authorities under Rule 30(b). (KMC)
04/21/2020    Case argued before Judges Pietsch, Greenberg, and Toth. (DB)
05/19/2020 Open Document 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) (AMN)
06/10/2020 Open Document Judgment (AMN)
08/07/2020 Open Document Appellant's Notice of Appeal to the U.S. Court of Appeals for the Federal Circuit (KMC)
08/10/2020 Open Document Letter to Kenneth M. Carpenter re the U.S. Court of Appeals for the Federal Circuit filing fee $500 (AMN)
08/21/2020    (p) RECEIVED: U.S. Court of Appeals for the Federal Circuit filing fee $500 (MA)
09/02/2020 Open Document Appellant's Notice of Appeal transmitted to U.S. Court of Appeals for the Federal Circuit (AMN)
09/03/2020 Open Document RECEIVED: Notice of Docketing from the U.S. Court of Appeals for the Federal Circuit dated 09/03/2020; case number [20-2233] (AMN)