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TERRY v. PRINCIPI

No. 03-7107.

367 F.3d 1291 (2004)

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

United States Court of Appeals, Federal Circuit.

DECIDED: May 10, 2004.

Attorney(s) appearing for the Case

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

Nancy M. Kim, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel were Domenique Kirchner, Principal Attorney; and Kathleen A. Kohl, Attorney, United States Department of Justice, of Washington, DC.

Before RADER, DYK, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge PROST. Opinion concurring in the result filed by Circuit Judge DYK.

PROST, Circuit Judge.

The appellant, Carol Terry, appeals the Court of Appeals for Veterans Claims' interpretation of the two-year limitation found in 38 U.S.C. § 5121(a) (2000).1 The Court of Appeals for Veterans Claims interpreted the statute as limiting survivors of...

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