In a dispute involving veterans’ disability ratings, Court of Appeals for Veterans Claims judgment is affirmed where, although only the Under Secretary for Benefits and the Director of the Compensation and Pension Service are authorized to assign an extra-schedular disability rating under Department of Veteran’s Affairs regulations, DVA regional offices and the Board of Veterans’ Appeals may conduct initial screenings and fact finding of disability claims and may refer to the Under Secretary or the Director those claims that have a plausible basis for extra-schedular consideration.
Read Thun v. Shinseki, No. 08-7135
Appellate InformationAppeal from the United States Court of Appeals for Veterans ClaimsDecided July 17, 2009
JudgesBefore MAYER, RADER, and BRYSON, Circuit Judges..Opinion by BRYSON, Circuit Judge.
CounselFor Appellant: Kenneth M. Carpenter, Carpenter, Chartered, Topeka, Kansas.
For Appelle: Meredyth Cohen Havasy, United States Department of Justice, Washington, DC.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
