TERRY v. PRINCIPI

No. 02-7416.

340 F.3d 1378 (2003)

James J. TERRY, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Errata filed September 2, 2003.

Errata filed September 3, 2003.

Rehearing Denied October 23, 2003.


Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

Maureen A. Delaney, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were David M. Cohen, Director; Brian M. Simkin, Assistant Director; and Allison Page, Trial Attorney. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Martie S. Adelman, Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel was James W. Poirier, Attorney, Department of Justice, of Washington, DC.

Before NEWMAN, CLEVENGER, and SCHALL,


SCHALL, Circuit Judge.

James J. Terry is a veteran of the United States Army. In March of 1996, he filed a claim with the Department of Veterans Affairs ("VA") Regional Office ("RO") in Muskogee, Oklahoma, seeking compensation for service-connected presbyopia, a condition of the eye. The RO denied the claim and the Board of Veterans' Appeals ("Board") affirmed. Terry v. Principi, No. SS 073 36 5238 (B.V.A. Sept. 30, 1999). In sustaining the RO's decision...

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