United States Federal Circuit

Even if the Board of Veterans' Appeals's failure to procure certain records constituted a grave procedural error, that error no longer invokes a judicial exception to the finality rule enabling reconsideration of a 1990 Board decision regarding pension benefits.

Appellate Information

• Decided 01/03/2003
• Published 01/03/2003

Judges

• RADER, Circuit Judge., Before MICHEL, RADER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.   On the brief was Jeffrey Wood, of York, Pennsylvania.


• For Appellees:
  
• Edward P. Sullivan, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   On the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  Mark A. Melnick, Assistant Director;  and Heide L. Herrmann, Trial Attorney.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and David J. Barrans, Attorney, Department of Veterans Affairs, of Washington, DC.