Reizenstein v. Shinseki, No. 09-7012

Decision of the Veterans Court that 38 C.F.R. section 3.343(a) does not apply to the total disability state of claimant's retrospective stated rating is affirmed as the Department of Veterans Affairs' interpretation of the applicability of the section is not plainly erroneous or inconsistent with the regulation.   

Read Reizenstein v. Shinseki, No. 09-7012

Appeal from:  United States Court of Appeals for Veterans Claims

Decided September 29, 2009

Judges

Before Newman, Mayer, and Prost, Circuit Judges

Opinion by Prost,  Circuit Judge.   

Counsel

For Appellant:  Kenneth M. Carpenter

For Appellee:  Martin F. Hockey, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice.