· 8/24/1998
Barbara Haines, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs
Citations
- 154 F.3d 1298
- 1998 U.S. App. LEXIS 20821
- 1998 WL 537545
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the provision regarding clear and unmistakable error in section 5109A \cannot be read as providing a procedure for adjudication or payment of veterans benefits to survivors. The only statutory basis providing such a remedy is section 5121.\
- upholding this Court’s ruling that a deceased veteran’s surviving spouse did not have standing to appeal the Board’s denial of her husband’s request for revision of a final VA benefits decision based on clear and unmistakable error (CUE)
- “The accrued benefits provision thus creates a narrowly limited exception to the general rule that a veteran’s claim for benefits does not survive the veteran.”
- \The accrued benefits provision thus creates a narrowly limited exception to the general rule that a veteran's claim for benefits does not survive the veteran.\
- \The accrued benefits provision thus creates a narrowly limited exception to the general rule that a veteran's claim for benefits does not survive the veteran.\
- discussing CUE claims under 38 U.S.C. § 5109A
Source: CourtListener parenthetical corpus (CC0).
Judges: Rich, Lourie, Bryson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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