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MILEY v. PRINCIPI

No. 03-7195.

366 F.3d 1343 (2004)

Luke C. MILEY, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

May 6, 2004.

Attorney(s) appearing for the Case

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

Michael F. Bahler, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Kathryn A. Bleecker, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel; and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC.

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

BRYSON, Circuit Judge.

Appellant Luke C. Miley served on active duty with the United States Army from October 1946 to May 1948. In July 1947, he was involved in a motorcycle accident in which he suffered multiple injuries. Those injuries were later determined to be service connected. As of March 1973, Mr. Miley was receiving disability benefits from the Veterans Administration for residuals of those injuries. He was rated...

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