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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.