SMITH v. PRINCIPI

No. 01-7050.

281 F.3d 1384 (2002)

Claudus G. SMITH, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 4, 2002.


Attorney(s) appearing for the Case

Steven A. Alerding, Fried, Frank, Harris, Shriver & Jacobson, of Washington, DC, argued for claimant-appellant. With him on the brief were Jay D. Majors, James J. McCullough, and Karen T. Grisez.

Gregory R. Firehock, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.

Before LOURIE, CLEVENGER, and GAJARSA, Circuit Judges.


LOURIE, Circuit Judge.

Claudus G. Smith appeals from a decision of the United States Court of Appeals for Veterans Claims holding that he was not entitled to interest on a retroactive award of benefits. Smith v. Gober, 14 Vet.App. 227 (2000). Because the court did not err in applying the "no-interest rule," we affirm.

BACKGROUND

In 1957, the Department of Veterans Affairs ("DVA") granted Mr. Smith a disability rating for eye degeneration at...

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