United States Federal Circuit

Veteran untimely appeals a 1973 decision denying him a total disability rating. 38 U.S.C. section 7105(b)(1) does not require documentary evidence reflecting the date the decision notice was mailed to him.

Appellate Information

• Decided 05/06/2004
• Published 05/06/2004

Judges

• BRYSON, Circuit Judge., Before MAYER, Chief Judge, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Michael F. Bahler, 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 Michael J. Timinski, Deputy Assistant General Counsel;  and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC.