SAVITZ v. PEAKE

No. 2007-7239.

519 F.3d 1312 (2008)

Harold D. SAVITZ, Claimant-Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 6, 2008.


Attorney(s) appearing for the Case

Sandra W. Wischow, Goodman Allen & Filetti PLLC, of Richmond, VA, argued for claimant-appellant.

Tara K. Hogan, 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 Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Martin J. Sendek, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Michael J. Timinski, Attorney.

Before MAYER, BRYSON, and GAJARSA, Circuit Judges.


BRYSON, Circuit Judge.

Appellant Harold Savitz appeals from the decision of the Court of Appeals for Veterans Claims ("the Veterans Court"), in which the court affirmed a decision of the Board of Veterans' Appeals denying Mr. Savitz an earlier effective date for service connection for a foot condition. In light of our recent decision in Rios v. Nicholson, 490 F.3d 928 (Fed.Cir.2007), we reverse and remand.

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