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Mansfield v. Peake

The Federal Circuit affirmed a decision of the U.S. Court of Appeals for Veterans Claims holding that June 11, 1993, was the earliest effective date for the claimant-appellant's award of Department of Veterans Affairs benefits. The court found that the lower court did not err in its determination that the claimant-appellant's 1991 negligence claim under the Federal Torts Claims Act did not form the basis for an earlier effective date.

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Published opinion

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Jack R. Mansfield, Sr. appeals the decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) that affirmed the decision of the Board of Veterans’ Appeals (“Board”) that June 11, 1993 is the earliest effective date for Mr. Mansfield’s award of Department of Veterans Affairs (“VA”) benefits under 38 U.S.C. § 1151. Mansfield v. Nicholson, No. 05-1165, 2007 WL 1599726 (Vet. App. May 16, 2007). Because the Veterans Court did not err in its determination that Mr. Mansfield’s 1991 negligence claim under the Federal Tort Claims Act (“FTCA”) did not form the basis for an earlier effective date, we affirm.

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