United States Federal Circuit

A ruling holding that veteran had not properly raised the issue of whether he was entitled to an earlier effective date for total disability based on individual unemployability (TDIU) benefits is reversed and remanded where the lower court misinterpreted Roberson v. Principi, 251 F.3d 1378 (Fed. Cir. 2001), when it held that the duty to sympathetically and fully construe a pro se veteran's filings did not apply to an appeal submitted to the Board of Veterans Appeals following a rating determination.

Appellate Information

• Decided 01/16/2009
• Published 01/16/2009

Judges

• MAYER, Circuit Judge., Before MAYER, LOURIE, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Edward R. Reines, Weil, Gotshal & Manges LLP, of Redwood Shores, California, argued for claimant-appellant.   With him on the brief was Dion D. Messer, of Austin, Texas.


• For Appellees:
  
• Martin F. Hockey, Jr., Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC argued for respondent-appellee.   With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, Todd M. Hughes, Jr., Deputy Director, and David F. D'Alessandris, Attorney.   Of counsel on the brief were Michael J. Timininski, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, Office of the General Counsel, Department of Veterans Affairs, of Washington, DC.