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REEVES v. SHINSEKI

No. 2011-7085.

682 F.3d 988 (2012)

Mary REEVES (Substituted for Corby Reeves), Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 14, 2012.

Attorney(s) appearing for the Case

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

Elizabeth M. Hosford , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Brian M. Simkin , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Jonathan E. Taylor , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Dissenting opinion filed by Circuit Judge BRYSON.

MAYER, Circuit Judge.

Mary Reeves ("Mrs. Reeves"), the surviving spouse of veteran Corby Reeves ("Reeves"), appeals a judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") that rejected Reeves' assertion of clear and unmistakable error ("CUE") in an April 1983 decision of the Board of Veterans' Appeals ("board"). See Reeves v. Shinseki, No. 08-1951, 2010 WL 4906701, 2010 U.S.App. Vet. Claims LEXIS 2203 (Vet.App.2010) ("Veterans...

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