United States Federal Circuit

The decision of the U.S. Court of Appeals for Veterans Claims denying claimant's claim for enhanced dependency and indemnity compensation under 38 U.S.C. section 1311(a)(2), as a survivor of a veteran who died from a service-connected or compensable disability, is affirmed, where: 1) 38 C.F.R. section 3.10(f)(3) should be given retroactive effect to bar claimant's hypothetical entitlement claim; and 2) there is no jurisdiction to revisit the Veterans Court's decision that claimant failed to raise a valid clear and unmistakable error (CUE) claim.

Appellate Information

• Decided 08/01/2013
• Published 08/01/2013

Judges

• PROST

Court

• United States Federal Circuit

Counsel