HENDERSON v. SHINSEKI

Attorney(s) appearing for the Case

Thomas W. Stoever, Jr., Arnold & Porter LLP, of Denver, Colorado, argued for claimant-appellant. With him on the brief was Jacek Wypych.

Todd M. Hughes, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director. Of counsel were David J. Barrans, Deputy Assistant General Counsel, and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, Office of the General Counsel, of Washington, DC.

Martin V. Totaro, Baker Botts L.L.P., of Washington, DC, argued for amicus curiae Allan G. Halseth. With him on the brief was Jeffrey A. Lamken.

Robert V. Chisholm, Chisholm, Chisholm & Kilpatrick, of Providence, Rhode Island, for amicus curiae Disabled American Veterans, on petition for rehearing en banc. Of counsel on the brief were Zachary M. Stolz, of Washington, DC; and Christopher Clay, Disabled American Veterans, of Washington, DC.

Linda E. Blauhut, Paralyzed Veterans of America, of Washington, DC, for amicus curiae Paralyzed Veterans of America and Jewish War Veterans of the United States of America, on petition for rehearing en banc. With her on the brief were William S. Mailander, General Counsel, and Michael P. Horan, Deputy General Counsel.

Todd M. Wesche, Goodman, Allen & Filetti, PLLC, of Richmond, Virginia, for amicus curiae National Organization of Veterans' Advocates, Inc., on petition for rehearing en banc.

Lara C. Kelley, Finnegan, Henderson, Farabow, Garrett & Dunner LLP, of Washington, DC, for amicus curiae United Spinal Association, on petition for rehearing en banc. With her on the brief was James F. Sheerwood. Of counsel on the brief was Barton F. Stichman, National Veterans Legal Services Program, of Washington, DC.

Opinion for the court filed by Circuit Judge SCHALL, in which Circuit Judges LOURIE, RADER, BRYSON, GAJARSA, LINN, DYK, PROST, and MOORE join. Concurring opinion filed by Circuit Judge DYK, in which Circuit Judges GAJARSA and MOORE join. Dissenting opinion filed by Circuit Judge MAYER, in which Chief Judge MICHEL and Circuit Judge NEWMAN join.