United States Federal Circuit

In an appeal from a final judgment of the United States Court of Appeals for Veterans Claims affirming a Board of Veterans' Appeals decision denying claimant entitlement to an earlier effective date, the Veteran's Court decision, invoking of the doctrine of issue exhaustion and refusal to consider claimant's argument that the Board failed to consider relevant evidence contained in the record, is reversed where claimant's argument was not a new legal argument raised for the first time on appeal, and the use of issue exhaustion was improper.

Appellate Information

• Published 2016/03/01

Judges

• HUGHES

Court

• United States Federal Circuit

Counsel