United States Federal Circuit

Denial of retroactive disability benefits to a veteran suffering from post-traumatic stress disorder is affirmed where: 1) appellate jurisdiction existed to review the lower court's alleged failure to apply the relevant rule of law to resolve claimant's claim; and 2) applying the correct rule did not lead to a finding that the original denial of benefits constituted clear and unmistakable error.

Appellate Information

• Decided 08/11/2008
• Published 08/11/2008

Judges

• POGUE, Judge., Before NEWMAN, Circuit Judge, BRYSON, Circuit Judge, and POGUE, Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS argued for claimant-appellant.


• For Appellees:
  
• Steven J. Gillingham, Assistant Director, 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 Richard P. Schroeder, Trial Attorney.