JACKSON v. NICHOLSON

No. 05-7057.

433 F.3d 822 (2005)

Deborah J. JACKSON, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 30, 2005.


Attorney(s) appearing for the Case

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

Hillary A. Stern, Attorney, Commercial Litigation Branch, Civil Division, 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 Bryant G. Snee, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Assistant General Counsel, and Joshua S. Blume, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel were Franklin E. White, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.


LOURIE, Circuit Judge.

Deborah J. Jackson ("Jackson") appeals from the decision of the United States Court of Appeals for Veterans Claims (the "Veterans Court") affirming the Board of Veterans' Appeals (the "Board") denial of her claim for benefits. Jackson v. Principi, 18 Vet.App. 558, 2004 WL 2610624 (Vet.App.2004). Because the Veterans Court erred in its interpretation of 38 U.S.C. § 1151, we reverse.

BACKGROUND

Jackson served in the...

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