EVANS v. SHINSEKI

Attorney(s) appearing for the Case

Douglas J. Rosinski, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., of Columbia, South Carolina, argued for claimant-appellant.

Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Amanda R. Blackmon, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, LOURIE, and RADER, Circuit Judges. Opinion for the court filed by Circuit Judge LOURIE, in which Circuit Judges NEWMAN and RADER join. Concurring opinion filed by Circuit Judge RADER, in which Circuit Judge LOURIE joins. Concurring opinion filed by Circuit Judge NEWMAN.