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Pierce v. Principi

The court held that the Board of Veterans' Appeals did not err in concluding that there was no clear and unmistakable error in decisions issued by the Department of Veterans Affairs Regional Office in 1945, 1946, 1948, and 1949, on a veteran's claim for a disability rating in connection with a gunshot wound he suffered while on active duty.

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Appealed from: United States Court of Appeals for Veterans Claims

Chief Judge Kenneth B. Kramer

Douglas F. Pierce appeals the September 21, 1999 decision of the United States Court of Appeals for Veterans Claims that affirmed a 1998 decision of the Board of Veterans’ Appeals (“Board”). Pierce v. West, No. 98-764 (Vet. App. Sep. 12, 1999) (“Pierce”). The Board concluded that there was no clear and unmistakable error (“CUE”) in decisions issued by the Department of Veterans Affairs Regional Office (“RO”) in 1945, 1946, 1948, and 1949. In re Pierce, No. 96-10 226 (Mar. 27, 1998) (“1998 Board Decision”). The Court of Appeals for Veterans Claims determined that the evidence of record at the time the RO decisions were rendered supported the decisions and that the RO had complied with applicable statutes and regulations in rendering the decisions. Pierce, slip op. at 5-6. The court therefore affirmed the Board decision that there was no CUE in the RO decisions. Id. at 7.

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