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BERNKLAU v. PRINCIPI

No. 00-7122.

291 F.3d 795 (2002)

Arthur BERNKLAU, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent Appellee.

United States Court of Appeals, Federal Circuit.

May 20, 2002.

Attorney(s) appearing for the Case

Robert V. Chisholm, Chisholm Chisholm & Kilpatrick, of Providence, Rhode Island, argued for claimant-appellant.

Virginia G. Farrier, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were David M. Cohen, Director, and Donald E. Kinner, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Michelle Doses Bernstein, Attorney, Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, GAJARSA, and DYK, Circuit Judges.

DYK, Circuit Judge.

Arthur Bernklau ("appellant") seeks review of the final decision of the United States Court of Appeals for Veterans Claims that: (1) declined to exercise jurisdiction over arguments that appellant was entitled to an earlier effective date for a service-connected disability rating ("disability claim"), and (2) affirmed a February 12, 1987, effective date for the award of a total disability rating based upon individual unemployability ("TDIU claim...

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