United States Federal Circuit

A decision denying claimant's claim for service-connected disability is affirmed over claims: 1) that because his medical records were in the custody of the government when they were destroyed by a fire, the government should be presumed to have acted negligently in failing to preserve them; and 2) that once negligent destruction is presumed, an adverse presumption of service connection should be imposed against the government.

Appellate Information

• Decided 07/11/2006
• Published 07/11/2006

Judges

• GAJARSA, Circuit Judge., Before BRYSON, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael A. Morin, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for claimant-appellant.   On the brief was Mark R. Lippman, The Veterans Law Group, of La Jolla, California.


• For Appellees:
  
• Michael J. Dierberg, 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 Deborah A. Bynum, Assistant Director.   Of counsel were Richard J. Hipolit, Assistant General Counsel, and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC.