BERAUD v. McDONALD

No. 2013-7125.

766 F.3d 1402 (2014)

Leonard BERAUD, Claimant-Appellant, v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 12, 2014.


Attorney(s) appearing for the Case

Amy F. Odom , National Veterans Legal Services Program, of Washington, DC, argued for claimant-appellant. With her on the brief were Barton Stichman and Louis George. Of counsel on the brief was Mary K. Hoefer , Hoefer Law Firm, of Iowa City, IA.

Elizabeth M. Hosford , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, Robert E. Kirschman, Jr. , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel and Amanda R. Blackmon , Staff Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Michael J. Timinski , Deputy Assistant General Counsel.

Dissenting opinion filed by Circuit Judge LOURIE.


O'MALLEY, Circuit Judge.

Leonard Beraud challenges a U.S. Court of Appeals for Veterans Claims ("Veterans Court") judgment affirming a Board of Veterans Appeals ("the Board") decision. That Board decision set the effective date for Beraud's service connected disability award at August 27, 2004. Beraud claims the effective date should be in 1985, when he first filed his disability claim. The Board found that Beraud's 1985 claim for service connection became final upon...

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