Bonner v. McDonough

 
DOCKET NO.
OP. BELOW
SUBJECT
Veterans

Question(s) Presented

“The U.S. Court of Appeals for Veterans Claims is an Article I court, and does not have the general equity jurisdiction of U.S. District Courts or other Article III courts. Where it does exercise equitable powers, it is pursuant to specific statutory grant.”

“Veterans claims alleging Clear and Unmistakable Error (CUE) are, by statute, exceptions to the doctrine of res judicata (claim preclusion).”

“The questions presented are:”

  1. “Whether it is within the jurisdiction of the U.S. Court of Appeals for Veterans Claims to decide a veteran’s claim on the basis of the equitable remedy of collateral estoppel where no statute so provides.”
  2. “Whether it is within the jurisdiction of the U.S. Court of Appeals for Veterans Claims to deny a CUE claim on the basis of Collateral Estoppel (issue preclusion) where it is forbidden to do so on the basis of Res Judicata (claim preclusion).”

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