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SZEMRAJ v. PRINCIPI

No. 03-7047.

357 F.3d 1370 (2004)

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

United States Court of Appeals, Federal Circuit.

February 5, 2004.

Attorney(s) appearing for the Case

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

Michael S. Dufault, 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 Deborah A. Bynum, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before LOURIE, DYK and PROST, Circuit Judges.

DYK, Circuit Judge.

Appellant James E. Szemraj ("Szemraj") appeals from the decision of the Court of Appeals for Veterans Claims affirming a decision by the Board of Veterans' Appeals ("BVA") that there was no clear and unmistakable error ("CUE") in an earlier BVA decision denying service connection for a psychiatric disorder. Mr. Szemraj argues that the Court of Appeals for Veterans Claims erred by holding that the Department of Veterans Affairs' ("VA") duty to fully...

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