United States Federal Circuit

There can be no judicially crafted exception to the rule of finality applicable to Veterans' Administration Regional Office decisions. The Secretary of Veterans Affairs's failure to assist a veteran under applicable law and regulations cannot constitute clear and unmistakable error.

Appellate Information

• Decided 12/20/2002
• Published 12/20/2002

Judges

• Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, NEWMAN, MICHEL, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant., Linda E. Blauhut, Paralyzed Veterans of America, of Washington, DC, for amicus curiae Garrett V. Hayre.   With her on the brief was Michael P. Horan.


• For Appellees:
  
• Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  and David M. Cohen, Director.   Of counsel on the brief were Richard D. Hipolit, Deputy Assistant General Counsel;  and Martie Adelman, Staff Attorney, Department of Veterans Affairs, of Washington, DC.