United States Federal Circuit

A decision denying veteran's claim of clear and unmistakable error (CUE) in two ratings decisions issued in 1954 is affirmed over claims that: 1) the Board of Veterans' Appeals erred in failing to specifically refer to the "clear and unmistakable evidence" standard for rebutting the presumptions of soundness and aggravation; and 2) in rejecting his CUE claim, the Board and the Veterans Court improperly required him to establish clear and unmistakable error in a regional office's failure to award benefits in 1954.

Appellate Information

• Decided 11/20/2007
• Published 11/20/2007

Judges

• DYK, Circuit Judge., Before NEWMAN and DYK, Circuit Judges, and YEAKEL, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Heather R. Cessna, ABS Legal Advocates, P.A., of Lawrence, KS, argued for claimant-appellant.   On the brief was Virginia A. Girard-Brady.


• For Appellees:
  
• Tara K. Hogan, Trail Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With her on the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and Bryant G. Snee, Deputy Director.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC.