Daniel G. Ross v. James B. Peake

The underlying opinion in this case addresses a question of exceptional importance and is in apparent conflict with the Court’s current case law. At a minimum, it fails to address key aspects that should be discussed in any case involving statutory and regulatory interpretation and an issue of this importance. See Ross v. Peake, 21 Vet.App. 528, 2008 WL 36825 (Jan. 2, 2008).

The issue of exceptional importance is whether the award of increased compensation based on a disability that is secondary to an already service-connected disability can be assigned an effective date up to one year earlier…