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Massie v. Shinseki

25 Vet. App. 123 (2011)

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Massie v. Shinseki

United States Court of Appeals for Veterans Claims
25 Vet. App. 123 (2011)

CS

Facts

Terrance Massie (plaintiff) was a veteran who had a service-connected disability for varicose veins that was rated by the Department of Veterans Affairs (VA) (defendant) at 100 percent. Massie disputed the VA’s decision regarding the effective date for his disability and appealed the VA’s decision to the Board of Veterans’ Appeals (the board). The board upheld the VA’s decision, and Massie appealed to the United States Court of Appeals for Veterans Claims. Massie had been represented by the same attorney throughout this claim process, including before the appeals court. During the appeal, Massie sought to introduce a new theory of entitlement to an earlier effective date for his disability, which he conceded he had failed to raise in the earlier proceedings. The VA asserted that Massie should not be allowed to present this new theory at the appeals level.

Rule of Law

Issue

Holding and Reasoning (Hagel, J.)

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