United States Federal Circuit

An order affirming a decision by the Board of Veterans Appeals holding that the Department of Veterans Affairs had satisfied its obligations to a claimant under the notification provision of the Veterans Claims Assistance Act is reversed where it was improper to affirm the Board based on the court's analysis of a communication not relied on by the Board.

Appellate Information

• Decided 04/05/2006
• Published 04/06/2006

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellant.   With him on the brief were Linda E. Blauhut and William S. Mailander., Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for amicus curiae The Veterans Law Group.   On the brief was Mark R. Lippman, The Veterans Law Group, of La Jolla, California.


• For Appellees:
  
• Martin F. Hockey, Jr., Senior 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 and David M. Cohen, Director.   Of counsel on the brief were Richard J. Hipolit, Assistant General Counsel and Martie S. Adelman, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.