United States Federal Circuit

A decision by the U.S. Court of Appeals for Veterans Claims vacating and remanding a decision denying claimant's claim for service connection for hearing loss in her right ear and for an increased rating for hearing loss in her left ear, is affirmed where the Veterans Court properly placed the burden on the Secretary to establish that an error in a notice the VA was required to give claimant was not prejudicial.

Appellate Information

• Decided 05/16/2007
• Published 05/16/2007

Judges

• PROST, Circuit Judge., Before NEWMAN, MAYER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Richard R. James, of Glen Allen, Virginia, argued for claimant-appellee.   Of counsel on the brief was Sean A. Ravin, of Washington, DC., Martin F. Hockey, Jr., Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant.   With him on the brief was Peter D. Keisler, Assistant Attorney General.   Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Martie S. Adelman, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.