BLUBAUGH v. McDONALD

No. 2013-7119.

773 F.3d 1310 (2014)

Daniel C. BLUBAUGH, Claimant-Appellant, v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 9, 2014.


Attorney(s) appearing for the Case

Zachary M. Stolz , Chisholm Chisholm & Kilpatrick, Ltd., of Providence, Rhode Island, argued for claimant-appellant. Of counsel on the brief was Christopher J. Clay , Disabled American Veterans, of Cold Spring, Kentucky. Of counsel were Robert v. Chisholm and Thomas R. Bender , Chisholm Chisholm & Kilpatrick, of Providence, Rhode Island.

Shelley D. Weger , Trial Attorney, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, Bryant G. Snee , Acting Director, and Scott D. Austin , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Rachael T. Brant , Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was K. Elizabeth Witwer , Attorney, United States Department of Justice, of Washington, DC.

Before O'MALLEY, REYNA, and HUGHES, Circuit Judges.


Daniel C. Blubaugh was awarded a disability rating for post-traumatic stress disorder effective July 25, 2008. He now seeks an earlier effective date for that rating. The effective date for a disability rating is generally determined by the date the disabling condition arose, or the date the claim was submitted, whichever...

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