United States Federal Circuit

In an action for accrued benefits brought by the widow of a veteran who passed away while his benefits claim was pending, the Board of Veterans' Appeals rejection of the claim for insufficient evidence of combat status and the Veterans Court's judgment upholding the decision is affirmed, over plaintiff's claims that the Board violated its duty to assist her with the development of her claim, where the principles of issue exhaustion support the Veterans Court's determination that it could not consider plaintiff's duty-to-assist argument because she should have raised this allegation before the Board.

Appellate Information

• Published 2016/03/01

Judges

• HUGHES

Court

• United States Federal Circuit

Counsel