GUILLORY v. SHINSEKI

No. 2009-7117.

603 F.3d 981 (2010)

John L. GUILLORY, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 27, 2010.


Attorney(s) appearing for the Case

Mark A. Delphin, Delphin Law Offices, of Lake Charles, LA, for claimant-appellant.

Scott D. Austin, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director. Of counsel was Meredyth Cohen Havasy, Trial Attorney. 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.

Before MAYER, LINN, and DYK, Circuit Judges.


DYK, Circuit Judge.

John L. Guillory ("Guillory") appeals from a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming the Board of Veterans' Appeals ("the Board"). The Board found no clear and unmistakable error ("CUE") in a March 30, 1992, regional office ("RO") decision that assigned an effective date of May 1991 for an award of special compensation resulting from the diagnosis...

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