Comer v. Peake
United States Court of Appeals for the Federal Circuit
552 F.3d 1362 (2009)

- Written by Carolyn Strutton, JD
Facts
Leroy Comer (plaintiff) was a veteran who filed a disability claim with the Department of Veterans Affairs (VA) (defendant). Comer filed his initial claim with the VA, as well as his initial disagreements with the VA’s decision, pro se. Comer’s disability claim eventually came before the United States Court of Appeals for the Federal Circuit. By that point, Comer had received some assistance in his appeal from a non-attorney aide affiliated with a veterans’ service organization. During his appeal, the VA argued that it was not bound to review Comer’s claim sympathetically because Comer had received assistance in filing the appeal from the organization’s aide.
Rule of Law
Issue
Holding and Reasoning (Mayer, J.)
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