BINGHAM v. NICHOLSON

No. 05-7022.

421 F.3d 1346 (2005)

Thomas L. BINGHAM, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 29, 2005.


Attorney(s) appearing for the Case

Barbara J. Cook, of Cincinnati, Ohio, argued for claimant-appellant.

Paul R. Wellons, 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, Kathryn A. Bleecker, Assistant Director. Of counsel on the brief was Richard J. Hipolit, Assistant General Counsel, and Michelle D. Bernstein, Attorney, United States Department of Veterans Affairs, of Washington, DC. Also, of counsel were Lisa Donis and Jamie L. Mueller, Attorneys.

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


LOURIE, Circuit Judge.

Thomas L. Bingham appeals from the final decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") sustaining the denial by the Board of Veterans' Appeals ("Board") of an earlier effective date for his service-connected hearing loss. Bingham v. Principi, 18 Vet.App. 470 (Vet.App.2004) ("Decision on Appeal"). We affirm.

BACKGROUND

Bingham, a World War II veteran, filed a claim in 1949...

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