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YEOMAN v. WEST

No. 97-7057.

140 F.3d 1443 (1998)

Kurtis R. YEOMAN, Claimant-Appellant, v. Togo D. WEST, Jr., Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 6, 1998.

Attorney(s) appearing for the Case

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

Martin F. Hockey, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for respondent-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and David J. Barrans, Staff Attorney, Department of Veterans Affairs, Washington, DC.

Kenneth M. Carpenter, Carpenter, Chartered, Topeka, KS, for amici curiae, National Organization of Veterans' Advocates, Inc.

Before RICH, MICHEL, and SCHALL, Circuit Judges.

MICHEL, Circuit Judge.

Kurtis Yeoman appeals the January 8, 1997, decision of the Court of Veterans Appeals affirming the determination of the Board of Veterans' Appeals (the "Board") that he was not entitled to benefits because his injuries in an automobile accident were caused by his own willful misconduct in driving while drunk and exhausted from lack of sleep and therefore were not incurred in the line of duty and hence are non-compensable. Yeoman v. Brown...

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