Shedden v. Principi

Opinion for the court filed by DYK, Circuit Judge. Opinion concurring-in-part and dissenting-in-part filed by NEWMAN, Circuit Judge. Appellant Jerry R. Shedden (""Mr. Shedden"") appeals from the decision of the Court of Appeals for Veterans Claims affirming the Board of Veterans' Appeals' (""BVA"") denial of his claim for clear and unmistakable error (""CUE"") in a 1994 BVA decision that denied service connection for a psychiatric disorder. Shedden v. Principi, No. 01-1534 (Vet. App. Aug. 22, 2003). While the Court of Appeals for Veterans Claims erroneously stated that 38 U.S.C. § 105(a) does not create a presumption of service connection, we conclude that this error was harmless, and we affirm.