United States Federal Circuit

Decision of the Court of Appeals for Veterans Claims to deny veteran's request for benefits attributable to a service-connected disability stemming from a neurological disorder is affirmed because veteran failed to raise his present argument in the Court of Appeals for Veterans Claims in the first instance, and had therefore failed to preserve the issue for appeal.

Appellate Information

• Decided 12/31/2008
• Published 12/31/2008

Judges

• BRYSON, Circuit Judge., Before SCHALL, FRIEDMAN, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• J. Michael Jakes, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for claimant-appellant.   With him on the brief was Ronald L. Smith.   Of counsel was Harold M. Shaw, King & Spalding LLP, of Washington, DC.


• For Appellees:
  
• Elizabeth A. Holt, 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 Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director.   Of counsel was Brian T. Edmunds, Trial Attorney.   Of counsel on the brief were Ethan Kalett, Supervisory Attorney, and Michael G. Daugherty, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.