United States Federal Circuit

An order of the Court of Appeals for Veterans Claims denying petition for mandamus affirmed, where the veteran, who sought an earlier date for the start of disability benefits assigned by the VA, failed to show that the Veterans Court abused its discretion or committed other legal error in remanding his case to the Department of Veterans Affair-s Regional Office to determine initially whether he is entitled to the earlier commencement of benefits.

Appellate Information

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

Judges

• FRIEDMAN, Senior Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey Wood, of York, PA, argued for claimant-appellant.


• For Appellees:
  
• Michael F. Kiely, 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 Robert E. Kirschman, Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and Michelle Doses Bernstein, Attorney, Department of Veterans Affairs, of Washington, DC.