United States Federal Circuit

The Court of Appeals for Veterans Claims may, but is not required to, exercise jurisdiction to hear arguments not previously made before the Board of Veterans' Appeals, based on a balance of the competing interests of the veteran and the government; duties imposed on the Department of Veterans Affairs by section 3(a) of the Veterans Claims Assistance Act are not retroactive.

Appellate Information

• Decided 05/20/2002
• Published 05/20/2002

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert V. Chisholm,Chisholm Chisholm & Kilpatrick, of Providence, Rhode Island, argued for claimant-appellant.


• For Appellees:
  
• Virginia G. Farrier, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With her on the brief were David M. Cohen, Director, and Donald E. Kinner, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Michelle Doses Bernstein, Attorney, Department of Veterans Affairs, of Washington, DC.