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SANDSTROM v. PRINCIPI

No. 03-7075.

358 F.3d 1376 (2004)

Daniel J. SANDSTROM, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided February 20, 2004.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

Kenneth S. Kessler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Kathryn A. Bleecker, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Martie S. Adelman, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MAYER, Chief Judge, GAJARSA and DYK, Circuit Judges.

GAJARSA, Circuit Judge.

Daniel J. Sandstrom ("Sandstrom") appeals from the November 8, 2002 ruling of the Court of Appeals for Veterans Claims ("CAVC"), affirming the April 28, 1999 Board of Veterans Appeals ("BVA") denial of his claim of entitlement to retroactive payment of Department of Veterans Affairs ("VA") disability benefits at an increased statutory rate. Sandstrom v. Principi, 16 Vet.App. 481 (2002). Because in the absence of a clear, explicit waiver...

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