United States Federal Circuit

The Court of Appeals for Veterans Claims correctly held that section 3(a) of the Veterans Claims Assistance Act (VCAA) is not retroactively available to claims pending on the date of the VCAA's enactment, and Karnas v. Derwinsky, 1 Vet. App. 308 (1991), and Holliday v. Principi, 14 Vet. App. 280 (2001) are overruled to the extent they conflict with the Supreme Court's and this circuit's binding authority.

Appellate Information

• Decided 08/25/2003
• Published 08/25/2003

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, NEWMAN and LOURIE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• John S. Groat, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were David M. Cohen, Director;  and Franklin E. White, Jr., Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Martie S. Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.