United States Federal Circuit

In proceedings involving a veteran's claims for compensation for post traumatic stress disorder (PTSD) and hearing loss, a decision to remand to the Board of Veterans Affairs for consideration of whether claimant was given proper notice under the Veterans Claims Assistance Act (VCAA) is vacated and remanded for the Veterans Court to take due account of the rule of prejudicial error.

Appellate Information

• Decided 10/04/2007
• Published 10/04/2007

Judges

• MOORE, Circuit Judge., Before RADER and MOORE, Circuit Judges, and YEAKEL, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Sandra W. Wischow, Wright, Robinson, Osthimer & Tatum, of Richmond, VA, argued for claimant-appellee., Martin F. Hockey, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant.   With him on the brief were Peter D. Keisler, Acting Attorney General, and Jeanne E. Davidson, Director.   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.