United States Federal Circuit

A determination under 38 U.S.C. section 5110(a) that claimant is not entitled to an effective date of service connection earlier than April 15, 1999 is reversed and remanded for consideration of 10 U.S.C. section 1218 where the Court of Appeals for Veterans Claims erred in its interpretation of "applicable" as used in 38 U.S.C. section 7104(a).

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

• Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Barbara J. Cook, of Cincinnati, OH, argued for claimant-appellant.


• For Appellees:
  
• James W. Poirier, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and Mark A. Melnick, Assistant Director.   Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.