VORACEK v. NICHOLSON

No. 05-7060.

421 F.3d 1299 (2005)

John E. VORACEK, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 18, 2005.


Attorney(s) appearing for the Case

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

Jeffrey S. Pease, 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 Michael J. Timinski, Deputy Assistant General Counsel and James T. Dehn, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was James W. Poirier, Trial Attorney, Commercial Litigation Branch, of Washington, DC.

Before MICHEL, Chief Judge, LOURIE and PROST, Circuit Judges.


Opinion for the court filed PER CURIAM.

Concurring opinion filed by Chief Judge MICHEL.

PER CURIAM.

John E. Voracek ("Voracek") appeals from the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming the decision of the Board of Veterans' Appeals ("Board") denying his claim for an earlier effective date for his total disability based on post-traumatic stress disorder

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