United States Federal Circuit

The term "appellate decision" in 38 C.F.R. section 3.156(b) refers only to a Board of Veterans' Appeals decision and not a subsequent judicial decision in the context of an effective date determination for a disability claim where new and material evidence is received.

Appellate Information

• Decided 06/01/2006
• Published 06/01/2006

Judges

• DYK, Circuit Judge., Before MAYER, BRYSON and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Todd M. Hughes, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Donald E. Kinner, Assistant Director, and David B. Stinson, Attorney.   Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC.