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Jarrell v. Nicholson

20 Vet. App. 326 (2006)

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Jarrell v. Nicholson

United States Court of Appeals for Veterans Claims
20 Vet. App. 326 (2006)

CS

Facts

Denise Jarrell (plaintiff) served in the United States Navy from 1952 to 1954 and was treated for anxiety during her service. In 1956, the Department of Veterans Affairs (the VA) (defendant) denied her claim for service-connected-disability benefits for a nervous condition. In 1997, Jarrell sought to have that decision revised on a theory of clear and unmistakable error (CUE). The VA denied the request, and Jarrell appealed. Her appeal came before the Board of Veterans’ Appeals (the board). In addition to the theory of CUE that had been made before the VA, Jarrell introduced for the first time to the board a new, second theory of CUE. The board acknowledged that Jarrell had raised a new theory of CUE, rejected both theories, and upheld the VA’s decision. Jarrell appealed, alleging that the board had erred in denying the new CUE theory.

Rule of Law

Issue

Holding and Reasoning (Kasold, J.)

Dissent (Hagel, J.)

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