Bozeman v. McDonald

HUGHES, Circuit Judge.

Owen M. Bozeman appeals from a final judgment of the United States Court of Appeals for Veterans Claims affirming a Board of Veterans’ Appeals decision denying Mr. Bozeman entitlement to an earlier effective date. The Veterans Court invoked the doctrine of issue exhaustion and refused to consider Mr. Bozeman’s argument that the Board failed to consider relevant evidence contained in the record. Because Mr. Bozeman’s argument was not a new legal argument raised for the first time on appeal, the use of issue exhaustion was improper. Therefore, we vacate and remand.

I

Mr.…