SZEMRAJ v. PRINCIPI, 03-7047
The Department of Veterans' Affairs' duty to fully and sympathetically develop a veteran's allegations extends to clear and unmistakeable error claims. In holding otherwise, the Court of Appeals for Veterans Claims here committed harmless error.
- Decided 02/05/2004
- Published 02/05/2004
DYK, Circuit Judge., Before LOURIE, DYK and PROST, Circuit Judges.
United States Federal Circuit
Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.
Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Deborah A. Bynum, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.