Ugay v. Shulkin, 100617 FEDFED, 2016-2625

Docket Nº:2016-2625
Opinion Judge:Per Curiam.
Party Name:WILFREDO E. UGAY, ACTING AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF JAIME D. UGAY, Claimant-Appellant v. DAVID J. SHULKIN, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee
Attorney:Wilfredo E. Ugay, Surigao City, Surigao Del Norte, Philippines, pro se. Anand Ravi Sambhwani, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for respondent-appellee. Also represented by Chad A. Readler, Robert E. Kirschman, Jr., Elizabeth M. Hos...
Judge Panel:Before Moore, Mayer, and Stoll, Circuit Judges.
Case Date:October 06, 2017
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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WILFREDO E. UGAY, ACTING AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF JAIME D. UGAY, Claimant-Appellant

v.

DAVID J. SHULKIN, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee

No. 2016-2625

United States Court of Appeals, Federal Circuit

October 6, 2017

This disposition is nonprecedential.

Appeal from the United States Court of Appeals for Veterans Claims in No. 15-3790, Judge Margaret C. Bartley.

Wilfredo E. Ugay, Surigao City, Surigao Del Norte, Philippines, pro se.

Anand Ravi Sambhwani, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for respondent-appellee. Also represented by Chad A. Readler, Robert E. Kirschman, Jr., Elizabeth M. Hosford; Christopher O. Adeloye, Y. Ken Lee, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Moore, Mayer, and Stoll, Circuit Judges.

Per Curiam.

Wilfredo E. Ugay, acting as the personal representative of the Estate of Jaime D. Ugay, appeals from the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming the Board of Veterans' Appeals ("Board") decision denying revision or reversal, based on clear and unmistakable error ("CUE"), of a November 2011 Board decision denying accrued benefits. For the reasons discussed below, we dismiss for lack of jurisdiction.

Background

Felimon A. Elacion ("the veteran") served with the Philippine Commonwealth Army from September 1941 to May 1942 and with the Recognized Guerrillas and Combination Service from February 1943 to April 1946. He was awarded veteran service connection for psychosis and assigned a 100% evaluation, effective July 6, 1955. He died on March 1, 2005. The immediate cause of death was listed as multi-organ failure and the contributing cause of death was listed as "old age." At the time of his death, Jaime Ugay, Mr. Elacion's son-in-law, was his legal guardian. In October 2005, Jaime Ugay submitted an informal claim for burial benefits, and the following month, Veterans Affairs ("VA") sent him VA Form 21-530, "Application for Burial Benefits, " and provided the VA's web site address "for...

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