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SKOCZEN v. SHINSEKI

No. 2008-7084.

564 F.3d 1319 (2009)

Henry J. SKOCZEN, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

May 7, 2009.

Attorney(s) appearing for the Case

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

Martin F. Hockey, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief was Jeanne E. Davidson, Director.

Before MICHEL, Chief Judge, PROST, Circuit Judge, and GETTLEMAN, District Judge.

MICHEL, Chief Judge.

In this veterans appeal, we are asked to provide the proper interpretation of 38 U.S.C. § 5107(a) (2006). Because the Court of Appeals for Veterans Claims ("the Veterans Court") correctly construed the statute as imposing evidentiary responsibilities on the claimant as well as the Department of Veterans Affairs ("VA"), we affirm.

BACKGROUND

Henry J. Skoczen, a World War II veteran, saw active military service from May 1943...

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