Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:


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
Woodrow Sanders

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.


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)

Warning: count(): Parameter must be an array or an object that implements Countable in /home/supremec/public_html/supremecourtobserver.com/code/sofunctionsndb.php on line 1145