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?