United States Federal Circuit
Beraud v. McDonald, 13-7125
Judgment setting the effective date for claimant-veteran's service connected disability award at August 27, 2004 instead of 1985, when he first filed his disability claim, is reversed and remanded where the Department of Veterans Affairs never determined whether the medical records claimant referred to in his December 1985 letter constituted new and material evidence as required by 38 C.F.R. section 3.156(b), and as such, his 1985 claim remains pending.
Appellate Information
- Decided 09/12/2014
- Published 09/12/2014
Judges
- O'Malley
Court
- United States Federal Circuit