GASTON v. SHINSEKI

No. 2009-7104.

605 F.3d 979 (2010)

Chester R. GASTON, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

May 20, 2010.


Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.

Allison Kidd-Miller, 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 Tony West, 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 Rachael T. Shenkman, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, BRYSON, and DYK, Circuit Judges.


DYK, Circuit Judge.

Chester R. Gaston ("Gaston") appeals from a final judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying his claim to an earlier effective date for his award of total disability based on individual unemployability ("TDIU"). See Gaston v. Shinseki, ___ Vet.App. ___, No. 07-0604, 2009 WL 624041 (Vet.App. Mar. 10, 2009) ("Veterans Court Decision"). We hold that under 38 U.S.C. § 5110(b)(2)...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases