TETRO v. PRINCIPI

No. 01-7031.

314 F.3d 1310 (2003)

Frank L. TETRO, III, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 3, 2003.


Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant. On the brief was Jeffrey Wood, of York, Pennsylvania.

Edward P. Sullivan, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; Mark A. Melnick, Assistant Director; and Heide L. Herrmann, Trial Attorney. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and David J. Barrans, Attorney, Department of Veterans Affairs, of Washington, DC.

Before MICHEL, RADER, and LINN, Circuit Judges.


RADER, Circuit Judge.

Frank L. Tetro, III, appeals the decision of the United States Court of Appeals for Veterans Claims, Vet.App. No. 97-1192 (Sept. 6, 2000), affirming the March 1997 decision of the Board of Veterans' Appeals (Board). In its March 1997 decision, the Board declined to grant Mr. Tetro an effective date for his non-service-connected pension benefits earlier than April 26, 1991, the date that Mr. Tetro applied to reopen his claim. Because a procedural...

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