United States Federal Circuit

Failure to raise an issue in a clear and unmistakable error motion filed by counsel before the Department of Veterans Affairs is fatal to subsequently raising the issue before the Veterans Court.

Appellate Information

• Decided 08/17/2005
• Published 08/17/2005

Judges

• DYK, Circuit Judge., Before RADER, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• John H. Williamson, 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 Robert E. Kirschman, Jr., Assistant Director.