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SHARP v. NICHOLSON

No. 04-7111.

403 F.3d 1324 (2005)

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

United States Court of Appeals, Federal Circuit.

April 7, 2005.

Attorney(s) appearing for the Case

Sandra E. Booth, of Columbus, Ohio, argued for claimant-appellant.

Lisa B. Donis, Trial Attorney, Commercial Litigation Branch, Civil Division, United States 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 Harold D. Lester, Jr., Assistant Director. Of counsel on the brief were Richard J. Hipolit, Acting Assistant General Counsel; and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel were David B. Stinson and Timothy P. Mcllmail, Trial Attorneys, Commercial Litigation Branch, Civil Division, United States Department of Justice.

Before LOURIE, SCHALL, and PROST, Circuit Judges.

LOURIE, Circuit Judge.

DECISION

Pamela J. Sharp appeals from the decision of the United States Court of Appeals for Veterans Claims (the "Veterans Court") affirming the Board of Veterans' Appeals' denial of her claim for accrued benefits. Sharp v. Principi, 17 Vet.App. 431 (2004) ("Decision"). Because the Veterans Court correctly interpreted 38 U.S.C. § 1115 as entitling only a veteran and not...

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