United States Federal Circuit
Wood v. Peake, 07-7174
The Court of Appeals for Veterans Claims committed legal error by failing to let a veteran's widow obtain assistance from the VA in obtaining a medical opinion to review and reconcile conflicting medical evidence in the record under the Veterans Claims Assistance Act (38 U.S.C. section 5103A(a)) when reviewing the VA's denial of her request for dependency and indemnity compensation, requiring the case to be vacated and remanded to decide whether or not the lower court's decision was harmless error
Appellate Information
- Decided 03/28/2008
- Published 03/28/2008
Judges
Court
- United States Federal Circuit