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McHENRY v. U.S.

No. 03-5040.

367 F.3d 1370 (2004)

Frederick S. McHENRY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 13, 2004.

Attorney(s) appearing for the Case

Eugene R. Fidell, Feldesman Tucker Leifer Fidell LLP, of Washington, DC argued for plaintiff-appellant.

Michael D. Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director.

Ronald S. Flagg, Sidley Austin Brown & Wood, LLP, of Washington, DC, for amicus curiae, the National Veterans Legal Services Program. With him on the brief was Barton F. Stichman National Veterans Legal Services Program, of Washington, DC.

Before LOURIE, BRYSON, and DYK, Circuit Judges.

DYK, Circuit Judge.

Appellant, Major Frederick S. McHenry ("McHenry"), appeals the decision of the Court of Federal Claims granting the government's motion for judgment upon the administrative record and upholding the 30% disability rating assigned to McHenry by the Navy's Physical Evaluation Board ("PEB"), based upon his level of impairment as a result of HIV infection, which is a precursor to AIDS. We affirm the decision of the Court of Federal Claims.

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