Jacob WANNER and King L. Wright, Claimants-Appellees,
v.
Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
June 2, 2004.
June 2, 2004.
Attorney(s) appearing for the Case
Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimants-appellees.
Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Brian M. Simken, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Jamie L. Mueller, Attorney, Department of Veterans Affairs, of Washington, DC.
Before CLEVENGER, GAJARSA, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
GAJARSA, Circuit Judge.
Anthony J. Principi, Secretary of Veterans Affairs ("Secretary"), appeals the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") that 38 C.F.R. § 4.87a, Diagnostic Code ("DC") 6260 (1998),1 was invalid as inconsistent with 38 U.S.C. § 1110. Wanner v. Principi, 17 Vet.App. 4 (2003). Because we conclude that the Veterans...
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