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MASSIE v. SHINSEKI

No. 2012-7087.

724 F.3d 1325 (2013)

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

United States Court of Appeals, Federal Circuit.

July 29, 2013.

Attorney(s) appearing for the Case

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

Michael P. Goodman , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Martie Adelman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before RADER, Chief Judge, LOURIE and O'MALLEY, Circuit Judges.

LOURIE, Circuit Judge.

Terrance D. Massie appeals from the decision of the United States Court of Appeals for Veterans Claims (the "Veterans Court") determining that a letter from his physician did not qualify as an informal claim for an increased rating and thus denying him entitlement to an earlier effective date for his service-connected varicose vein disability. Massie v. Shinseki, 25 Vet.App. 123 (Sept. 14, 2011). Because the Veterans Court did not err...

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