McGEE v. PEAKE

No. 2007-7071.

511 F.3d 1352 (2008)

Robert L. McGEE, Claimant-Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 8, 2008.


Attorney(s) appearing for the Case

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

James W. Poirier, 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, Acting Attorney General, Jeanne E. Davidson, Director, and Mark A. Melnick, Assistant Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MAYER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.


Opinion for the court filed by Circuit Judge GAJARSA. Opinion concurring in the result filed by Senior Circuit Judge FRIEDMAN.

GAJARSA, Circuit Judge.

Robert L. McGee ("McGee") appeals from a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming the ruling of the Board of Veterans' Appeals ("Board") that under 38 U.S.C. § 5110(a), McGee is not entitled to an effective date of service connection earlier than April...

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