United States Federal Circuit

Under the "no-interest rule," a veteran who is the victim of the VA's error in determining a disability rating may not collect interest on a retroactive award of benefits, and neither 38 U.S.C. section 503(a)nor section 5109A(b) is a waiver of that rule.

Appellate Information

• Decided 03/04/2002
• Published 03/04/2002

Judges

• LOURIE, Circuit Judge., Before LOURIE, CLEVENGER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Steven A. Alerding,Fried, Frank, Harris, Shriver & Jacobson, of Washington, DC, argued for claimant-appellant.   With him on the brief were Jay D. Majors, James J. McCullough, and Karen T. Grisez.


• For Appellees:
  
• Gregory R. Firehock, 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 James M. Kinsella, Deputy Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.