· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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