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MUNRO v. SHINSEKI

No. 2009-7110.

616 F.3d 1293 (2010)

Philip D. MUNRO, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 6, 2010.

Attorney(s) appearing for the Case

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

Martin F. Hockey, Jr. , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Kirk T. Manhardt , Assistant Director, and Meredyth Cohen Havasy , Attorney. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Martin J. Sendek , Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before RADER, Chief Judge, BRYSON, and DYK, Circuit Judges.

DYK, Circuit Judge.

Philip D. Munro ("Munro") appeals from a final judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court"). The Veterans Court affirmed a decision of the Board of Veterans' Appeals ("Board") denying Munro an earlier effective date for an increased rating for his service-connected granuloma of the left lung and total disability based on individual unemployability ("TDIU"). See Munro v. Peake, No. 07-0083, 2008 WL...

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