WOOD v. PEAKE

No. 2007-7174.

520 F.3d 1345 (2008)

Deloris G. WOOD, Claimant-Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 28, 2008.


Attorney(s) appearing for the Case

Zachary M. Stolz, Chisholm Chisholm & Kilpatrick LLP of Washington, DC, argued for claimant-appellant. On the brief was Richard Paul Cohen, Cohen, Abate & Cohen, L.C., of Morgantown, WVA. Of counsel was Ronald L. Smith, Disabled American Veterans, of Washington, DC.

Brian T. Edmunds, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Jeanne E. Davidson, Director, Martin F. Hockey, Jr., Assistant Director, and Claudia Burke, Attorney. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Tracey P. Warrein, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MICHEL, Chief Judge, DYK, Circuit Judge, and KENNELLY, District Judge.


Opinion for the court filed by Chief Judge MICHEL. Circuit Judge DYK dissents.

MICHEL, Chief Judge.

Deloris G. Wood appeals from the final decision of the Court of Appeals for Veterans Claims ("Veterans Court") sustaining the Department of Veterans Affairs ("VA") denial of her claim for dependency and indemnity compensation ("DIC"). See Wood v. Nicholson, No. 05-2164, 21 Vet. App. 418, 2006 WL 3007770 (Vet...

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