SIMS v. SHINSEKI

No. 2008-7082.

578 F.3d 1332 (2009)

James D. SIMS, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 13, 2009.


Attorney(s) appearing for the Case

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

Tara J. Kilfoyle, 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, Todd M. Hughes, Assistant Director, and Hillary A. Stern, Senior Trial Counsel. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Martie S. Adelman, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before SCHALL, GAJARSA, and DYK, Circuit Judges.


DYK, Circuit Judge.

James D. Sims ("Sims") appeals the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming the denial of service connection for an acquired psychiatric disorder. This case presents the question of what procedures the Department of Veterans Affairs ("VA") must follow when the Board of Veterans' Appeals ("Board") directs the VA regional office ("RO") to reopen a case for new and material evidence. The Veterans...

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