WILLSEY v. PEAKE

No. 2007-7095.

535 F.3d 1368 (2008)

William B. WILLSEY, Claimant-Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 11, 2008.


Attorney(s) appearing for the Case

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

Steven J. Gillingham, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC argued for respondent-appellee. With him on the brief were Jeanne E. Davidson, Director, and Richard P. Schroeder, Trial Attorney.

Before NEWMAN, Circuit Judge, BRYSON, Circuit Judge, and POGUE, Judge.


POGUE, Judge.

This case raises the question of whether a 1983 denial of disability benefits for Post Traumatic Stress Disorder ("PTSD") was free of Clear and Unmistakable Error ("CUE"). Although the government challenges our jurisdiction to consider the issue, we conclude that the question raised is a legal one subject to our review. Because there was no CUE in the denial, however, we affirm the decision below.

Background

The record indicates that...

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