United States Federal Circuit

The notice requirement of 38 U.S.C. section 5103(a) does not apply when a veteran files an appeal to the Board of Veterans Appeals from an initial decision of the Department of Veterans Affairs regional office denying the veteran an earlier date for the commencement of disability benefits.

Appellate Information

• Decided 04/05/2007
• Published 04/05/2007

Judges

• FRIEDMAN, Senior Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Susan Paczak, Abes Baumann, P.C., of Pittsburgh, PA, argued for claimant-appellant.


• For Appellees:
  
• Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the 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 David J. Barrans, Assistant General Counsel, and Martie Adelman, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.