United States Federal Circuit

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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.

Appellate Information

  • Decided 02/05/2004
  • Published 02/05/2004


  • DYK, Circuit Judge., Before LOURIE, DYK and PROST, Circuit Judges.


  • United States Federal Circuit


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

  • For Appellees:
  • 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.
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