United States Federal Circuit

Because it is plausible that petitioners could develop the record more fully upon knowledge that the Court was relying on 38 CFR 3.321(b)(1), the Veterans Court may not sua sponte make factual determinations such as the presence of "exceptional or unusual" circumstances.

Appellate Information

• Decided 08/03/2001
• Published 08/03/2001

Judges

• CLEVENGER, Circuit Judge., Before MAYER, Chief Judge, LOURIE, and CLEVENGER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Linda E. Blauhut, Paralyzed Veterans of America, of Washington, DC, argued for claimant appellant.   With her on the brief was Michael P. Horan.


• For Appellees:
  
• Gregory T. Jaeger, 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 Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.