Charles v. Shinseki, No. 09-7024
Veterans Court's decision affirming the Board of Veteran's Appeals decision denying claimant an earlier effective date for service-connected disability benefits is vacated and remanded as a later abandoned claim cannot render final an earlier-filed unadjudicated claim, and because the 1980 claim was not final, all subsequent claims, correspondence, and medical evidence are part of that claim for consideration by VA.
Appeal from: United States Court of Appeals for Veterans Claims
Decided December, 2009
Opinion by Circuit Judge Moore
For Appellant: John F. Cameron, Jr., Montgomery, Alabama
For Appellee: Meredyth Cohen Havasy, US Department of Justice, Washington, DC.