In a petition for review of the Court of Appeals for Veterans Claims' order setting an effective date for Petitioner's receipt of disability benefits, the petition is denied where an earlier decision by the Department of Veterans Affairs implicitly denied Petitioner's informal claim that his heart condition was connected to his military service.
Marshall O. Potter, Jr., of Vienna, Virginia, argued for claimant-appellant.
Meredyth Cohen Havasy, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Jeanne E. Davidson, 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, Attorney, United States Department of Veterans Affairs, of Washington, DC.
Appealed from: United States Court of Appeals for Veterans Claims, Judge Mary J. Schoelen
Before NEWMAN, SCHALL, and BRYSON, Circuit Judges. Authored by BRYSON, Circuit Judge.