HARTMAN v. NICHOLSON

No. 2006-7303.

483 F.3d 1311 (2007)

Marcellus S. HARTMAN, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 5, 2007.


Attorney(s) appearing for the Case

Susan Paczak, Abes Baumann, P.C., of Pittsburgh, PA, argued for claimant-appellant.

Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the respondent-appellee. With him on the brief were, Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief were David J. Barrans, Assistant General Counsel, and Martie Adelman, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

Section 5103(a) of Title 38 of the United States Code requires the Secretary of Veterans Affairs "[u]pon receipt of a complete or substantially complete application" for benefits to "notify the claimant of any information and any medical or lay evidence . . . necessary to substantiate the claim." The principal question in this appeal is whether this notice requirement applies when a veteran files an appeal to the Board of Veterans Appeals...

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