United States Federal Circuit

A decision finding that a denial of service connection for episodes of paranoid schizophrenia during and after service did not contain clear and unmistakable error is reversed and remanded where the claimant was entitled to a presumption of service connection since the condition that was diagnosed in service was chronic.

Appellate Information

• Decided 05/01/2008
• Published 05/01/2008

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Virginia A. Girard-Brady, ABS Legal Advocates, P.A., of Lawrence, KS, 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 Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.