EPPS v. GOBER

No. 97-7014.

126 F.3d 1464 (1997)

Clemment B. EPPS, Claimant-Appellant, v. Hershel W. GOBER, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

October 7, 1997.


Attorney(s) appearing for the Case

Michael P. Horan, Associate General Counsel, Paralyzed Veterans of America, Washington, DC, argued for claimant-appellant.

John P. Sholar, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for respondent-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant, and David J. Barrans, Staff Attorney, Office of General Counsel, Department of Veterans Affairs, Washington, DC.

Jeffrey Wood, York, PA, for amicus curiae National Organization of Veterans Advocates. Of counsel was Kelly C. Brown, Carpenter Chartered, Topeka, KS.

Before ARCHER, Chief Judge, RICH, and LOURIE, Circuit Judges.


LOURIE, Circuit Judge.

Clemment B. Epps appeals from the decision of the Court of Veterans Appeals affirming the denial of Epps's claim for compensation for service-related injuries. Because the Court of Veterans Appeals did not err in its interpretation of 38 U.S.C. § 5107(a) (1994), we affirm.

BACKGROUND

Epps served on active duty in the United States Army from 1961 to 1964. In 1969, the Department of Veterans Affairs (DVA) determined that...

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