JORDAN v. NICHOLSON

No. 04-7034.

401 F.3d 1296 (2005)

Timothy J. JORDAN, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 15, 2005.


Attorney(s) appearing for the Case

Helen S. Irza, Morrison & Foerster LLP, San Diego, California, argued for claimant-appellant. On the brief was Ronald L. Smith. Of counsel was Donald E. Purcell, Disabled American Veterans, of Washington, DC.

Martin F. Hockey, Jr., Senior Trial Counsel, 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 and David M. Cohen, Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel and David J. Barrans, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.


RADER, Circuit Judge.

The Court of Appeals for Veterans Claims (Veterans Court) affirmed the Board of Veterans' Appeals' (Board's) decision, which rejected Timothy Jordan's claim. Mr. Jordan had asserted that a 1983 Board decision denying him service connection status on a knee disorder contained clear and unmistakable error (CUE). Jordan v. Principi, 17 Vet.App. 261 (Vet.App. 2003). Because the Veterans Court correctly...

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