United States Federal Circuit

A decision of the Board of Veterans' Appeals denying claimant an earlier effective date for service connection for a foot condition is reversed and remanded in light of the decision in Rios v. Nicholson, 490 F.3d 928 (Fed. Cir. 2007), which held that the common law mailbox rule is not automatically abrogated by enactment of a statute providing a postmark date rule to determine date of receipt.

Appellate Information

• Decided 03/06/2008
• Published 03/06/2008

Judges

• BRYSON, Circuit Judge., Before MAYER, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Sandra W. Wischow, Goodman Allen & Filetti PLLC, of Richmond, VA, argued for claimant-appellant.


• For Appellees:
  
• Tara K. Hogan, 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 Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.   Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Martin J. Sendek, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Michael J. Timinski, Attorney.