HAINES v. WEST

No. 98-7014.

154 F.3d 1298 (1998)

Barbara HAINES, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 24, 1998.


Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, Topeka, Kansas, argued for claimant-appellant.

Leslie Cayer Ohta, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for respondent-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Bryant G. Snee, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Nicole Sideris, Staff Attorney, U.S. Department of Veterans Affairs, Washington, DC.

Before RICH, LOURIE and BRYSON, Circuit Judges.


LOURIE, Circuit Judge.

Barbara Haines appeals from the decision of the United States Court of Veterans Appeals dismissing her appeal for lack of jurisdiction. Haines v. Gober, 10 Vet.App. 446 (1997). Because the Court of Veterans Appeals did not err in determining that a widow may not pursue her deceased husband's claim that the agency committed clear and unmistakable error (CUE) under 38 U.S.C.A. § 5109A (West Supp.1998), Pub.L. No. 105-111, § 1...

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