United States Federal Circuit

A decision determining the earliest effective date for claimant's award of VA benefits under 38 U.S.C. section 1151 is affirmed over claims of error regarding: 1) a determination that an earlier Federal Tort Claims Act (FTCA) claim did not constitute an informal claim for section 1151 benefits; and 2) whether a delay in processing the claim amounted to a denial of due process.

Appellate Information

• Decided 05/12/2008
• Published 05/12/2008

Judges

• SCHALL, Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert P. Walsh, of Battle Creek, Michigan, argued for claimant-appellant.


• For Appellees:
  
• David A. Harrington, 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 Martin F. Hockey, Jr., Assistant Director.   Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, United States Department of Veterans Affairs, of Washington, DC.