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STOLL v. NICHOLSON

No. 04-7007.

401 F.3d 1375 (2005)

Viola M. STOLL, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 29, 2005.

Attorney(s) appearing for the Case

Daniel D. Wedemeyer, Wedemeyer & Prangley, of Santa Ana, California, argued for claimant-appellant. On the brief was Robert V. Chisholm, Chisholm Chisholm & Kilpatrick, of Providence, Rhode Island.

Carolyn J. Craig, 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 Robert E. Kirschman, Jr., Assistant Director. Of counsel on the brief were Richard J. Hipolit, Acting Assistant General Counsel and Martie S. Adelman, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, LOURIE, and LINN, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

LOURIE, Circuit Judge.

Viola M. Stoll ("Stoll") appeals from the decision of the United States Court of Appeals for Veterans Claims (the "Veterans' Court") affirming the decision of the Board of Veterans' Appeals denying her claim for dependency and indemnity compensation ("DIC") benefits on the ground that...

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