United States Federal Circuit

In an action by a veteran to claim service-related disability compensation, determination that claimant could not obtain an earlier effective date for his secondary conditions is affirmed where: 1) the effective date for a secondary condition arises no earlier than the date for which a veteran applies for service connection for that condition; and 2) the question of whether a form filled out by claimant in which he first raised the existence of his secondary conditions constituted an "informal claim" was one of law applied to fact, and thus beyond the court's jurisdiction.

Appellate Information

• Decided 09/16/2008
• Published 09/16/2008

Judges

• SCHALL, Circuit Judge., Before NEWMAN, SCHALL, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Sandra E. Booth, of Columbus, Ohio, argued for claimant-appellant.


• For Appellees:
  
• Meredyth D. Cohen, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With her 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, and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, Office of the General Counsel, Washington, DC.