Cook v. Principi
United States Court of Appeals for the Federal Circuit
318 F.3d 1334 (2002) (en banc)
- Written by Carolyn Strutton, JD
Facts
James Cook (plaintiff) was a veteran who applied for and was denied service-connected-disability benefits by the Department of Veterans Affairs (the VA) (defendant). Cook apparently failed to dispute the determination, and the denial-of-benefits decision became final. Cook later attempted to challenge the decision before the Board of Veterans’ Appeals (the board). Cook alleged that the VA had breached its duty to assist in the development of his claim by failing to provide him a proper medical examination and that this breach amounted to a clear and unmistakable error (CUE) that required reversal of the decision. Cook also alleged that this failure amounted to a grave procedural error that should render the decision nonfinal. The board rejected Cook’s arguments, and Cook appealed to the United States Court of Appeals for Veterans Claims (the veterans court). The veterans court upheld the board’s decision, and Cook again appealed.
Rule of Law
Issue
Holding and Reasoning (Schall, J.)
Dissent (Gajarsa, J.)
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