United States Federal Circuit

Because in the absence of an explicit waiver of sovereign immunity from liability for interest, the government pays all judgments in "nominal dollars" rather than "real dollars," and because the government has not waived its immunity from interest payments necessary to compensate a veteran harmed by the government's clear and unmistakable error, plaintiff was properly denied adjustments to his retroactive disability payments.

Appellate Information

• Decided 02/20/2004
• Published 02/20/2004

Judges

• GAJARSA, Circuit Judge., Before MAYER, Chief Judge, GAJARSA and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Kenneth S. Kessler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Kathryn A. Bleecker, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Martie S. Adelman, Attorney, United States Department of Veterans Affairs, of Washington, DC.