Dye v. Mansfield, 2007-7093
Denial of a veteran's application for disability benefits on the ground that his medical problems were not shown to be service connected is affirmed over a primary claim that the Department of Veterans Affairs erred in failing to consider and apply the presumption of service connection in 38 U.S.C. section 105(a).
- Decided 10/16/2007
- Published 10/16/2007
FRIEDMAN, Senior Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.
United States Federal Circuit
Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.
Gregg M. Schwind, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Assistant General Counsel, and Michelle D.D. Bernstein, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Michael J. Timinski, Deputy Assistant General Counsel.