United States Federal Circuit

A veterans court decision denying claimant an increased disability rating for his hearing loss is affirmed as the Veterans Court did not err by determining that the VA's failure to provide proper Veterans Claims Assistance Act (VCAA) notice was harmless, and claimant failed to establish that the Board failed to consider any evidence in the record.

Appellate Information

• Decided 08/10/2007
• Published 08/10/2007

Judges

• MOORE, Circuit Judge., Before LOURIE, LINN, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Peter N. Witty, Abbott Laboratories, of Abbott Park, Illinois, argued for claimant-appellant.   On the brief were Israel Sasha Mayergoyz, W. Bryan Lytton, and Douglas A. Freedman, Latham & Watkins, LLP, of Chicago, IL.


• For Appellees:
  
• Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   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 Adelman, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.