United States Federal Circuit

A determination that claimant's 1988 medical records did not constitute an informal claim for increased disability benefits is affirmed where, since the condition disclosed in claimant's medical records had not previously been claimed, or determined to be service connected, such records did not satisfy the regulatory requirements of an informal claim.

Appellate Information

• Decided 08/15/2006
• Published 08/15/2006

Judges

• ARCHER, Senior Circuit Judge., Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Thomas B. Fatouros, 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 Bryant G. Snee, Assistant Director.   Of counsel were Kathryn A. Bleecker, Assistant Director, David B. Stinson and Michael D. Austin, Trial Attorneys.   Of counsel on the brief were Richard J. Hipolit, Assistant General Counsel, and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC.