United States Federal Circuit

Once a veteran submits evidence of a medical disability and of unemployability, the VA must consider total disability based upon individual unemployability, and proving inability to maintain "substantially gainful occupation" does not require proving 100 percent unemployability.

Appellate Information

• Decided 05/29/2001
• Published 05/29/2001

Judges

• LINN, Circuit Judge., Before GAJARSA, LINN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Kenneth S. Kessler, 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 Robert E. Kirschman, Jr., Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Acting Assistant General Counsel;  and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.