McCAY v. BROWN

No. 96-7061.

106 F.3d 1577 (1997)

John A. McCAY, Claimant-Appellant, v. Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 12, 1997.


Attorney(s) appearing for the Case

John A. McCay, pro se, Knoxville, TN, for claimant-appellant.

Dorann E. Banks, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, for respondent-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Jeanne E. Davidson, Assistant Director. Of counsel on the brief was David Barrans, Office of the General Counsel, Department of Veterans Affairs, of Washington, D.C. Of counsel was Richard J. Hipolit, Office of the General Counsel, Department of Veterans Affairs, Washington, DC.

Before MICHEL, LOURIE and CLEVENGER, Circuit Judges.


MICHEL, Circuit Judge.

John A. McCay ("McCay") seeks review of the June 12, 1996 decision of the United States Court of Veterans Appeals denying him entitlement to an effective date prior to May 24, 1989 for an award of Department of Veterans Affairs ("VA") disability compensation for injuries caused by herbicide exposure. Because the Court of Veterans Appeals' interpretation of 38 U.S.C. § 5110(g) (1994) is correct and McCay's equitable arguments are unavailing...

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