United States Federal Circuit

A breach of the duty under 38 USC 5107(a) to assist a veteran claiming benefits, by failing to provide a proper medical examination, does not vitiate the prior decision of the Regional Office for the purpose of direct appeal.

Appellate Information

• Decided 07/20/2001
• Published 07/20/2001

Judges

• Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, NEWMAN, MICHEL, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant., Linda E. Blauhut, Paralyzed Veterans of America, of Washington, DC, for amicus curiae Garrett V. Hayre.   With her on the brief was Michael P. Horan.


• For Appellees:
  
• Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  and David M. Cohen, Director.   Of counsel on the brief were Richard D. Hipolit, Deputy Assistant General Counsel;  and Martie Adelman, Staff Attorney, Department of Veterans Affairs, of Washington, DC.