THOMAS v. NICHOLSON

No. 05-7019.

423 F.3d 1279 (2005)

Dennis R. THOMAS, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 9, 2005.


Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant. On the brief was John F. Cameron, of Montgomery, Alabama.

Steven M. Mager, 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 Mark A. Melnick, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Acting Assistant General Counsel and Y. Ken Lee, Attorney, United States Department of Veterans Affairs. Of counsel was Jamie L. Mueller.

Before CLEVENGER, GAJARSA, and PROST, Circuit Judges.


PROST, Circuit Judge.

Dennis R. Thomas ("Thomas") appeals from a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") that affirmed a decision by the Board of Veterans' Appeals ("Board") denying Thomas's service-connected disability claim. Thomas v. Principi,1 18 Vet.App. 535 (Vet.App.2004) ("Thomas I"). On appeal, Thomas argues that the Veterans Court improperly interpreted 38 U.S.C. §...

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