LEONARD v. NICHOLSON

No. 04-7139.

405 F.3d 1333 (2005)

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

United States Court of Appeals, Federal Circuit.

DECIDED: April 29, 2005.


Attorney(s) appearing for the Case

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

Dawn S. Conrad, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her 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 Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Gerald M. Alexander.

Before LOURIE, CLEVENGER, and PROST, Circuit Judges.


LOURIE, Circuit Judge.

Larry E. Leonard ("Leonard") appeals from the decision of the United States Court of Appeals for Veterans Claims (the "Veterans' Court") affirming the decision of the Board of Veterans Appeals denying his claim for an earlier effective date for his total disability based on individual unemployability ("TDIU") rating. Leonard v. Principi, 17 Vet.App. 447 (2004). We affirm.

BACKGROUND

Leonard served in the Army from September...

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