United States Federal Circuit

Under 38 USC 7105(b), the "presumption of regularity" applies to mailing a copy of a notice of appeal rights to a veteran and does not conflict with the pro-veteran nature of the veterans benefits adjudication system or the language of 38 USC 5107(a) and (b).

Appellate Information

• Decided 03/30/2001
• Published 03/30/2001

Judges

• RADER, Circuit Judge., Before LOURIE, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.


• For Appellees:
  
• Alan J. Lo Re, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were David M. Cohen, Director;  and Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.