Robert L. McGee v. R. James Nicholson

On Appeal from the Board of Veterans’ Appeals.

HAGEL, Judge:

Before the Court is Robert L. McGee’s appeal from a February 12, 2004, Board of Veterans’ Appeals (Board) decision in which the Board denied him an effective date earlier than April 15,1999, for a grant of service connection for sarcoidosis with chronic obstructive pulmonary disease. The Court has jurisdiction pursuant to 38 U.S.C. §§ 7252(a) and 7266(a) to review the February 2004 Board decision. Because, for reasons provided herein, we hold that 10 U.S.C. § 1218 is not an “applicable provision[ ] of law” within the meaning of 38…