United States Federal Circuit

In a case in which a disabled veteran sought an enhanced pension under 38 USC section 1521(e) pursuant to 38 USC section 1513, the Veterans Court's ruling in favor of the veteran is reversed, where: 1) the veteran did not have a single permanent disability rated 100 percent disabling, so he did not qualify under section 1521(e); and 2) section 1513(a) does not remove the section 1521(e) disability requirement, overruling Hartness v. Nicholson, 20 Vet. App. 216 (2006).

Appellate Information

• Decided 04/11/2012
• Published 04/11/2012

Judges

• Rader

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paige M. Willan, Scott D. Austin