United States Federal Circuit

Denial of a veteran's application for disability benefits on the ground that his medical problems were not shown to be service connected is affirmed over a primary claim that the Department of Veterans Affairs erred in failing to consider and apply the presumption of service connection in 38 U.S.C. section 105(a).

Appellate Information

• Decided 10/16/2007
• Published 10/16/2007

Judges

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

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Gregg M. Schwind, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Assistant General Counsel, and Michelle D.D. Bernstein, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Michael J. Timinski, Deputy Assistant General Counsel.