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ELLINGTON v. PEAKE

No. 2008-7012.

541 F.3d 1364 (2008)

Thomas ELLINGTON, Jr., Claimant-Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 16, 2008.

Attorney(s) appearing for the Case

Sandra E. Booth, of Columbus, Ohio, argued for claimant-appellant.

Meredyth D. Cohen, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., 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, Office of the General Counsel, Washington, DC.

Before NEWMAN, SCHALL, and MOORE, Circuit Judges.

SCHALL, Circuit Judge.

Thomas Ellington, Jr. is a veteran. In April of 2002, the Cleveland Regional Office ("RO") of the Department of Veterans Affairs ("VA") awarded Mr. Ellington secondary service connection for two disabilities, diabetes mellitus and hypertension. Ellington v. Nicholson, 22 Vet.App. 141, 143 (2007) ("Ellington II"). At the same time, it set an effective date of September 10, 1998, for the conditions. Id. Mr. Ellington appealed...

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