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JACKSON v. NICHOLSON

No. 05-7187.

449 F.3d 1204 (2006)

Glenn H. JACKSON, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 1, 2006.

Attorney(s) appearing for the Case

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

Todd M. Hughes, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Donald E. Kinner, Assistant Director, and David B. Stinson, Attorney. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MAYER, BRYSON and DYK, Circuit Judges.

DYK, Circuit Judge.

Appellant Glenn H. Jackson ("Jackson") appeals the decision of the Court of Appeals for Veterans Claims ("Veterans Court"). The Veterans Court affirmed the Board of Veterans' Appeals ("Board") decision denying entitlement to an effective date earlier than October 18, 2000, for a service connected low-back disability. Because we agree with the Veterans Court and the Board that the term "appellate decision" in 38 C.F.R. § 3.156(b) refers only...

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