United States Federal Circuit

Under 38 USC 1153, in order for military service to aggravate a preexisting psychological condition, applicant must show an overall worsening of the disability rather than merely an observable increase in disability, irrespective of time.

Appellate Information

• Decided 01/11/2002
• Published 01/11/2002

Judges

• RADER, Circuit Judge., Before MICHEL, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Domenique Kirchner, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Donald E. Kinner, Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and David J. Barrans, Staff Attorney, Department of Veterans Affairs, of Washington, DC.