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United States Federal Circuit


Gaston v. Shinseki, 09-7104

In petitioner's claim for an earlier effective date for his award of total disability based on individual unemployability (TDIU), judgment of the United States Court of Appeals for Veterans Claims denying the claim is affirmed as, under 38 U.S.C. section 5110(b)(2), a veteran is only entitled to an earlier effective date if an increase in his disability occurred during the year before he filed his claim.

Appellate Information

  • Decided 05/20/2010
  • Published 05/20/2010

Judges

Court

  • United States Federal Circuit

Counsel

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