United States Federal Circuit

A veterans claims court's holding that the Veterans Administration (VA) committed no clear and unmistakable error in its 1965 decision regarding claimant's disability rating is affirmed as 38 U.S.C. section 3012(b)(6) (1962) did not require the VA to give claimant sixty days notice prior to the effective date of its 1965 ratings decision since it did not reduce his compensation.

Appellate Information

• Decided 11/15/2007
• Published 11/15/2007

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, NEWMAN and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimant-appellant.   Of counsel on the brief was Zachary M. Stolz.


• For Appellees:
  
• Dawn S. Conrad, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With her 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 David J. Barrans, Deputy Assistant General Counsel, and Martie Adelman, Attorney, United States Department of Veterans Affairs, of Washington, DC.