Dingess v. Principi

Federal Circuit

Dingess v. Principi

85 Fed. Appx. 216

CourtCourt of Appeals for the Federal Circuit

DecidedJanuary 7, 2004

DocketNo. 03-7068

StatusPublished

This text of 85 Fed. Appx. 216 (Dingess v. Principi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dingess v. Principi, 85 Fed. Appx. 216 (Fed. Cir. 2004).

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PER CURIAM.

In Conway v. Principi No. 03-7072, decided today, we hold that the United States Court of Appeals for Veterans Claims (“Veterans Court”) must “take due account of the rule of prejudicial error,” as stated in 38 U.S.C. § 7261(b)(2), when presented with the question of whether the Secretary’s failure to comply with 38 U.S.C. § 5103(a) requires a remand to the Board of Veterans’ Appeals. We therefore vacate the remand decision of the Veterans Court in this case, and we remand this case for further proceedings consistent with our holding in Conway.

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PER CURIAM.

In Conway v. Principi No. 03-7072, decided today, we hold that the United States Court of Appeals for Veterans Claims (“Veterans Court”) must “take due account of the rule of prejudicial error,” as stated in 38 U.S.C. § 7261(b)(2), when presented with the question of whether the Secretary’s failure to comply with 38 U.S.C. § 5103(a) requires a remand to the Board of Veterans’ Appeals. We therefore vacate the remand decision of the Veterans Court in this case, and we remand this case for further proceedings consistent with our holding in Conway.

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85 Fed. Appx. 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dingess-v-principi-cafc-2004.

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