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MOODY v. PRINCIPI

No. 03-7119.

360 F.3d 1306 (2004)

Robert E. MOODY, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: March 10, 2004.

Attorney(s) appearing for the Case

Francis M. Jackson, Jackson & MacNichol, of Portland, Maine, argued for claimant-appellant.

Andrew P. Averbach, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Franklin E. White, Jr., Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel; and Martie Adleman, Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel were Timothy P. McIlmail and Harold D. Lester, Jr., Attorneys, United States Department of Justice, of Washington, DC.

Before RADER, BRYSON and DYK, Circuit Judges.

DYK, Circuit Judge.

Appellant Robert E. Moody ("Moody") appeals from the decision of the Court of Appeals for Veterans Claims affirming the Board of Veterans' Appeals' ("BVA") denial of his claim for clear and unmistakable error ("CUE") in a 1996 Department of Veterans' Affairs ("VA") regional office ("RO") rating decision. Based on our recent decision in Szemraj v. Principi, 357 F.3d 1370 (Fed.Cir.2004), we agree that the...

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