United States Federal Circuit

In a claim for veterans' benefits, affirmation of Board of Veterans' Appeals decision denying claimant an earlier effective date for his service-connected major depressive disorder is affirmed where 38 U.S.C. section 105(a) requires a veteran to show the existence of a present disability and a causal relationship between the present disability and the injury, disease, or aggravation of a preexisting injury or disease incurred during active duty.

Appellate Information

• Decided 09/29/2008
• Published 09/29/2008

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, MOORE, Circuit Judge, and O'Grady, District Judge.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Steven M. Mager, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   On the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General;  Jeanne E. Davidson, Director;  Franklin E. White, Jr., Assistant Director;  and Gregg M. Schwind, Trial Attorney.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel;  and Amanda R. Blackmon, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.