United States Federal Circuit

In a dispute over a Board of Veterans' Appeals determination of a 1972 rating decision by the Department of Veterans Affairs, relating to the award of special monthly compensation (SMC), the Board's conclusion that the Secretary had discretion not to award the next higher SMC rate was contrary to mandatory language of 38 C.F.R. section 3.350(f)(3).

Appellate Information

• Decided 09/08/2003
• Published 09/08/2003

Judges

• LINN, Circuit Judge., Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimant-appellant.


• For Appellees:
  
• Claudia Burke, 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 Brian M. Simkin, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and David J. Barrans, Attorney, Department of Veterans Affairs, of Washington, DC.