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BEASLEY v. SHINSEKI

No. 2012-7029.

709 F.3d 1154 (2013)

Johnnie H. BEASLEY, Jr., Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 11, 2013.

Attorney(s) appearing for the Case

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

Alex P. Hontos , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Martin F. Hockey, Jr. , Assistant Director, and Nelson R. Richards , Trial Attorney. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel and Martie Adelman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, BRYSON, and O'MALLEY, Circuit Judges.

BRYSON, Circuit Judge.

I

Johnnie H. Beasley, Jr., is a veteran of the War in Vietnam who suffers from Post-Traumatic Stress Disorder ("PTSD"). After initially denying his claim for benefits, the Department of Veterans Affairs ("DVA") found in 1992 that Mr. Beasley's PTSD was service-connected and granted him a disability rating of 30 percent, effective July 23, 1990. In 1997, the DVA found that Mr. Beasley's PTSD entitled him to a rating of total disability...

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