United States Federal Circuit

Veteran's Court lacked jurisdiction to adjudicate service connection and benefits claims raised for the first time on appeal, and a challenge to its finding that a veteran had abandoned claims decided by the Board of Veterans' Appeals cannot be considered in the instant appeal.

Appellate Information

• Decided 08/29/2002
• Published 08/29/2002

Judges

• SCHALL, Circuit Judge., Before SCHALL, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant., Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, for amicus curiae Paralyzed Veterans of America.


• 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 was Mark A. Melnick, Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and Y. Ken Lee, Staff Attorney, Department of Veterans Affairs, of Washington, DC.