United States Federal Circuit

In a veteran's claim for disability benefits, denial of claimant's request for an earlier effective date for benefits payments is vacated and remanded where, in the absence of a notice of a veteran's right to appeal, the VA's dismissal of that veteran's claim was non-final.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• POGUE, Judge., Before MICHEL, Chief Judge, PROST, Circuit Judge, and POGUE, Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Brian P. Anderson, Kirkpatrick & Lockhart Preston Gates Ellis LLP, of Pittsburgh, PA, argued for claimaint-appellant.   Of counsel was Harry W. Turner.


• For Appellees:
  
• Dawn S. Conrad, 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 Y. Ken Lee, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.