United States Federal Circuit

A decision denying a widow's claim for dependency and indemnity compensation (DIC) is affirmed in part and dismissed in part as: 1) a challenge to a holding that a certain communication satisfied the VA's notification obligations under the Veterans Claims Assistance Act presented a question of fact that could not be disturbed on appeal under 38 U.S.C. section 7292(d)(2); 2) there was no error in a finding that a "Supplemental Statement of the Case" was an adjudication decision, for notice of appeal purposes; and, 3) there was no need to address a claim that the Board of Veterans' Appeals does not have authority to use a prejudicial error analysis to find harmless error.

Appellate Information

• Decided 09/17/2007
• Published 09/17/2007

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, LOURIE and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellant.


• For Appellees:
  
• Martin F. Hockey, Jr., Assistant Director, 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, Jeanne E. Davidson, Director.   Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Martie S. Adelman, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.