Cogburn v. McDonald

HUGHES, Circuit Judge.

Dennis W. Cogburn appeals from a final judgment of the United States Court of Appeals for Veterans Claims affirming a Board of Veterans’ Appeals decision, which found that both formally and informally raised claims were implicitly denied in a 1985 Board decision. Because the implicit denial rule applies to both formal and informal claims, and its use does not violate the notice provision of the United States Department of Veterans Affairs due process regulation, we affirm.

I

Mr. Cogbum served in the United States Army from August 1968 to August 1971, including a 12-month…