EDWARDS v. SHINSEKI

No. 2008-7078.

582 F.3d 1351 (2009)

Irvin J. EDWARDS, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 24, 2009.


Attorney(s) appearing for the Case

James R. Barney, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for claimant-appellant. With him on the brief was Elizabeth D. Ferrill. Mark R. Lippman, The Veterans Law Group, of LaJolla, CA, 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 Martin F. Hockey, Jr., Assistant Director. Of counsel on the brief was Michael J. Timinski, Deputy Assistant General Counsel, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Opinion for the court filed by Circuit Judge RADER. Additional views filed by Circuit Judge RADER.


RADER, Circuit Judge.

The United States Court of Appeals for Veterans Claims (the "Veterans Court") rejected Irvin K. Edwards's claim for an earlier-effective date for entitlement to benefits. Edwards v. Peake, 22 Vet.App. 29 (2008). In reaching that decision, the Veterans Court affirmed a ruling by the Board of Veterans' Appeals (the "Board") that Mr. Edwards had received adequate notice of an earlier denial of his claim. Because the Veterans Court gave Mr...

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