Legal Opinion

Blubaugh v. McDonald

Court of Appeals for the Federal Circuit

Decided December 9, 2014No. 2013-7119PublishedCited by 22 opinions

1Opinion of the Court

HUGHES, Circuit Judge.

Daniel C. Blubaugh was awarded a disability rating for post-traumatic stress disorder effective July 25, 2008. He now seeks an earlier effective date for that rating. The effective date for a disability rating is generally determined by the date the disabling condition arose, or the date the claim was submitted, whichever is later. A regulation provides an exception to that rule when a claim is granted based on certain service department records that were associated with the veteran’s claims file after the claim was first decided. That regulation does not apply to Mr.…

2Cases cited2 opinions

  1. Cushman v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
  2. Akers v. SHINSEKICourt of Appeals for the Federal Circuit · 2012

3Cited by22 opinions

  1. Kisor v. ShulkinCourt of Appeals for the Federal Circuit · 2017
  2. Ortiz v. McDonoughCourt of Appeals for the Federal Circuit · 2021
  3. Jones v. WilkieCourt of Appeals for the Federal Circuit · 2020
  4. Kisor v. McDonoughCourt of Appeals for the Federal Circuit · 2021
  5. Flores-Vazquez v. McDonoughCourt of Appeals for the Federal Circuit · 2021

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