Legal Opinion · Dissent

Beraud v. McDonald

Court of Appeals for the Federal Circuit

Decided September 12, 2014No. 2013-7125Published

1DissentLourie, Circuit Judge

I respectfully dissent from the panel majority’s decision to reverse the decision of the Veterans Court, which affirmed the decision of the Board that held that Ber-aud was not entitled to an effective date prior to August 27, 2004, for service connection for migraine headaches. See Ber-aud v. Shinseki, 26 Vet.App. 313 (2013). Because I believe that the Veterans Court did not err in its interpretation of our prior case law, I would affirm the decision of the Veterans Court.

Our jurisdiction to review decisions of the Veterans Court is limited by statute. 38 U.S.C. § 7292. We generally lack…

2Cases cited8 opinions

  1. Andrews, Jr. v. NicholsonCourt of Appeals for the Federal Circuit · 2005
  2. Oscar Johnson v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1991
  3. Bingham v. NicholsonCourt of Appeals for the Federal Circuit · 2005
  4. Bond v. SHINSEKICourt of Appeals for the Federal Circuit · 2011
  5. Williams v. PeakeCourt of Appeals for the Federal Circuit · 2008

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