United States Federal Circuit

38 USC 5109A, requiring revision of a decision by the Secretary of Veterans Affairs if evidence establishes clear and unmistakable error, necessarily requires that the evidence establishing the error be properly entered in the record.

Appellate Information

• Decided 02/14/2001
• Published 02/14/2001

Judges

• SCHALL, Circuit Judge., Before LOURIE, SCHALL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.


• For Appellees:
  
• Mark L. Josephs, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were David M. Cohen, Director;  and Todd M. Hughes, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Martie S. Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.