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THUN v. SHINSEKI

No. 2008-7135.

572 F.3d 1366 (2009)

Dennis M. THUN, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 17, 2009.

Attorney(s) appearing for the Case

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

Meredyth Cohen Havasy, 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 Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MAYER, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

In most veterans' benefits cases, the Department of Veterans Affairs ("DVA") assigns disability ratings based on a schedule of ratings for specific injuries and diseases. Sometimes, however, the schedular criteria are inadequate to capture the full extent and impact of the veteran's disability. The DVA has provided by regulation that in such an exceptional case the veteran may be eligible for an "extra-schedular" disability rating. 38 C.F.R...

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