United States Federal Circuit

The decision of the U.S. Court of Appeals for Veterans Claims affirming the Board of Veterans' Appeals' denial of a claim that there had been a clear and unmistakable error in claimant's 1969 disability rating is reversed in part and remanded, where the Veterans Court erred in dismissing claimant's motion to modify the Board's decision as moot because claimant only challenged the legal basis for the Regional Office's 1969 determination, and did not assert that the adjudicators did not have the correct facts before them at the time of the decision, so claimant remains free to raise a "correct facts" claim in the future at the Regional Office.

Appellate Information

• Decided 03/10/2014
• Published 03/10/2014

Judges

• PROST

Court

• United States Federal Circuit

Counsel