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Peake v. Sanders

Docket No.: 07-1209
Certiorari Granted: Jun 16 2008
Argued: December 8, 2008
Decided: April 21, 2009

PartyNames: Eric K. Shinseki, Secretary of Veterans Affairs v. Woodrow F. Sanders
Petitioner: Eric Shinseki, Secretary of Veteran Affairs
Respondent: Woodrow Sanders

Court Below: United States Court of Appeals for the Federal Circuit

Eric Shinseki, Secretary of Veteran Affairs
v.
Woodrow Sanders
Background:

The Veterans Claims Assistance Act of 2000 (VCAA), Pub. L. No. 106-475, 114 Stat. 2096, requires the Department of Veterans Affairs (VA) to provide a notice to benefits claimants. Under 38 U.S.C. 7261(b)(2) (Supp. V 2005), review of administrative decisions resolving claims for veterans benefits must "take due account of the rule of prejudicial error."

Question Presented:

The question presented is: Whether the court of appeals erred in holding that a failure of the VA to give the notice required by the VCAA must be presumed to be prejudicial.

Question:

Did the U.S. Court of Appeals for the Federal Circuit err in presuming a prejudicial error when the VA fails to give notice to claimant as to who is responsible for obtaining evidence necessary to substantiate the claim?

Holding: reversed and remanded in eric
Vote: 6-3
Read PEAKE V. SANDERS opinion (PDF)
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