STELZEL v. MANSFIELD

No. 2007-7109.

508 F.3d 1345 (2007)

Kenneth E. STELZEL, Claimant-Appellant, v. Gordon H. MANSFIELD, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

November 15, 2007.


Attorney(s) appearing for the Case

Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimant-appellant. Of counsel on the brief was Zachary M. Stolz.

Dawn S. Conrad, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Martie Adelman, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MICHEL, Chief Judge, NEWMAN and MOORE, Circuit Judges.


MICHEL, Chief Judge.

Kenneth E. Stelzel appeals from the final decision of the United States Court of Appeals for Veterans Claims ("CAVC") holding that the Veterans Administration ("VA") committed no clear and unmistakable error ("CUE") in its 1965 decision regarding Stelzel's disability rating. See Stelzel v. Nicholson, No. 2005-2871, 2006 WL 3007051, 21 Vet.App. 419 (Vet.App. Oct. 11, 2006). Because we hold that 38 U.S.C. § 3012(b)(6) (1962) did not...

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