AZ v. SHINSEKI

Nos. 2012-7046, 2012-7048.

731 F.3d 1303 (2013)

AZ, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. AY, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 30, 2013.


Attorney(s) appearing for the Case

Zachary M. Stolz , Chisholm, Chisholm & Kilpatrick, of Providence, RI, argued for claimant-appellant in appeal no. 2012-7046. On the brief was Sean A. Ravin , of Washington, DC. Of counsel was Kenneth M. Carpenter , Carpenter, Chartered, of Topeka, KS.

Steven M. Mager , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondentappellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Kirk T. Manhardt , Assistant Director. Of counsel was Elizabeth M. Hosford , Senior Trial Counsel. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Tracey P. Warren , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Kenneth M. Carpenter , Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant in appeal no.2012-7048. On the brief was Sean A. Ravin , of Washington, DC.

Steven M. Mager , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel was Elizabeth M. Hosford , Senior Trial Counsel. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Tracey P. Warren , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Opinion for the Court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge MOORE.


DYK, Circuit Judge.

Veterans AZ and AY filed claims with the Department of Veterans Affairs ("VA") seeking disability compensation for post-traumatic stress disorder ("PTSD") alleged to have resulted from sexual assaults that occurred during service. The veterans' service records do not reflect any reports of the alleged sexual assaults. The VA Regional Office ("RO"), Board of Veterans' Claims ("Board"), and the Court of Appeals for Veterans Claims ("Veterans Court...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases