United States Federal Circuit

A decision denying veteran's request for a higher disability rating is reversed and remanded where the Department of Veterans Affairs erred in failing to obtain claimant's service medical records before making a determination as to the severity of his psychiatric disability.

Appellate Information

• Decided 02/10/2009
• Published 02/10/2009

Judges

• MAYER, Circuit Judge., Before MAYER and DYK, Circuit Judges, and HUFF, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Daniel P. Graham, Wiley Rein LLP, of Washington, DC, argued for claimant-appellant.


• For Appellees:
  
• Claudia Burke, Senior 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 on the brief was David J. Barrans, Deputy Assistant General Counsel, Department of Veterans Affairs, of Washington, DC.