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SELLERS v. PRINCIPI

Nos. 03-7070, 03-7071.

372 F.3d 1318 (2004)

John w. SELLERS, Jr., Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee. Arthur A. Hayday, Jr., Claimant-Appellant, v. Anthony J. Principi, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 21, 2004.

Attorney(s) appearing for the Case

Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimants-appellants.

Michael Bahler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were David M. Cohen, Director and Michael F. Kiely, Trial Attorney. Of counsel was Robert E. Kirschman, Jr. and Kenneth D. Woodrow. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; Martie S. Adelman, Staff Attorney and David J. Barrans Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, SCHALL, and LINN, Circuit Judges.

SCHALL, Circuit Judge.

In these consolidated cases, John W. Sellers, Jr. and Arthur A. Hayday, Jr. appeal the decisions of the United States Court of Appeals for Veterans Claims ("Veterans Court") sustaining the decisions of the Board of Veterans' Appeals ("Board") that they are not entitled to increased disability ratings for service-connected post traumatic stress disorder ("PTSD"). Sellers v. Principi, No. 00-2311, 18 Vet.App. 165 (Vet.App. Nov. 26, 2002...

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