Kelly v. Principi

Type

Opinion of the Court

Author

William Curtis Bryson

Filed

June 12, 2002

Case

Kelly v. Principi

Case status

Decided

The first passage of the document, as extracted by the source provider.

ON MOTION BRYSON, Circuit Judge. ORDER The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Steven C. Kelly’s appeal for lack of jurisdiction. Mr. Kelly responds. The Secretary replies. 1 Mr. Kelly submits a surreply. Mr. Kelly moves for leave to file a replacement brief. Mr. Kelly appealed to the United States Court of Appeals for Veterans Claims (the Veterans Court) from a July 14, 2000 decision of the Board of Veterans’ Appeals wherein the Board determined there was no clear and unmistakable error (CUE) in either (1) a January 1990 Board decision finding no CUE in two regional office (RO) *598 decisions (one failing to assign a rating in excess of 30% for schizophrenia, and a subsequent RO decision failing to assign a rating in excess of 50%), or (2) a December 1990 Board decision granting entitlement to an increased rating. The Veterans Court held that the Board’s decision was not arbitrary, capricious, or an abuse of discretion, “find[ing] that the Board is correct in its finding that the veteran essentially disagrees with the weighing of facts.” The Veterans Court affirmed the Board’s decision and Kelly appealed. Under 38 U.S.…

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