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KILPATRICK v. PRINCIPI

No. 02-7356.

327 F.3d 1375 (2003)

Dee W. KILPATRICK, Claimant-Appellee, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: May 7, 2003.

Attorney(s) appearing for the Case

Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellee.

Martin F. Hockey, Jr., Senior Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellant. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; and David M. Cohen, Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and David R. McLenachen, Staff Attorney, Department of Veterans Affairs, of Washington, DC.

Before MAYER, Chief Judge, CLEVENGER and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The Secretary of Veterans Affairs appeals from a decision of the Court of Appeals for Veterans Claims ("the Veterans Court") directing that specially adapted housing benefits be awarded to Dee W. Kilpatrick, a disabled veteran. Because we agree with the Veterans Court that Mr. Kilpatrick is entitled to the housing benefits at issue, we affirm.

I

Mr. Kilpatrick served on active duty in the United States Army from 1960 to 1963...

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