United States Federal Circuit

In an action to claim veterans' benefits by the widow of a Philippine veteran killed during World War II, denial of claim is vacated and remanded where the VA did not meet its statutory duty to assist claimant in developing her claim, which included obtaining reviews of new evidence of military service produced by claimant.

Appellate Information

• Decided 09/02/2008
• Published 09/02/2008

Judges

• Before NEWMAN, MAYER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Fortunata Capellan, of Lopez, Quezon, Philippines, pro se.


• For Appellees:
  
• Douglas K. Mickle, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee.   With him on the brief were Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Jamie L. Mueller, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.