United States Federal Circuit

A decision denying claimant-veteran an effective date earlier than May 2, 1994, for an award of a 100 percent disability rating for schizophrenia is affirmed over a claim that the Veterans Court misinterpreted 38 C.F.R. section 3.160(c) and (d), and that under the correct interpretation of the regulations, his 1977 claim remained pending to this day, thus qualifying him for the earlier effective date he sought. A subsequent final adjudication of a claim, which is identical to a pending claim that had not been finally adjudicated, terminates the pending status of the earlier claim.

Appellate Information

• Decided 04/03/2008
• Published 04/03/2008

Judges

• CLEVENGER, Senior Circuit Judge., Before LOURIE, Circuit Judge, CLEVENGER, Senior Circuit Judge, and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael P. Toomey, of Sunbury, Pennsylvania, argued for claimant-appellant.


• For Appellees:
  
• Brian T. Edmunds, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director.   Of counsel was Michael S. Dufault, Trial Attorney.   Of counsel on the brief was Michael J. Timinski, Deputy Assistant General Counsel, United States Department of Veterans Affairs, of Washington, DC.