FLESHMAN v. WEST

No. 97-7029.

138 F.3d 1429 (1998)

Richard E. FLESHMAN, Claimant-Appellant, v. Togo D. WEST, Jr., Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 11, 1998.


Attorney(s) appearing for the Case

Stephen F. Smith, Sidley & Austin, of Washington, DC, argued, for claimant-appellant.

Rodger D. Citron, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for the respondent-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Joseph A. Kijewski, Assistant Director. Also on the brief were Richard J. Hipolit, Deputy Assistant, General Counsel, and Kerwin E. Miller, Attorney, Department of Veterans Affairs, Washington, DC.

Before CLEVENGER, Circuit Judge, SMITH, Senior Circuit Judge, and BRYSON, Circuit Judge.


BRYSON, Circuit Judge.

Richard E. Fleshman appeals from the decision of the Court of Veterans Appeals affirming the denial of Mr. Fleshman's request that his claim for disability benefits be assigned an earlier effective date. We agree with the Court of Veterans Appeals that Mr. Fleshman's first application for benefits was not "in the form prescribed by the Secretary," 38 U.S.C. § 5101(a), and that it therefore did not have the effect of establishing an earlier...

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