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· 9/24/2003

Shelia Winsett v. Anthony J. Principi, Secretary of Veteran Affairs

Citations

  • 341 F.3d 1329

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 Board, as a lower tribunal, may not review the decision of a higher tribunal under guise of correcting CUE
  • holding that final Board decisions appealed to and decided by the Court are not subject to revision on the basis of clear and unmistakable error
  • holding that CUE may not be brought after an underlying issue has been adjudicated by a court and noting that permitting such action \would allow a lower tribunal to review the decision of a higher tribunal\
  • stating that DAV interpreted § 20.1400(b
  • \[A] contrary interpretation of the rule would effectively allow a lower tribunal to review the decision of a higher tribunal – a situation that is not logical.\
  • “[A] contrary interpretation of the rule would effectively allow a lower tribunal to review the decision of a higher tribunal — a situation that is not logical.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Lourie, Dyk

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.