VAZQUEZ-FLORES v. SHINSEKI

Nos. 2008-7150, 2008-7115.

580 F.3d 1270 (2009)

Angel VAZQUEZ-FLORES, Claimant-Appellee, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellant. Michael R. Schultz, Claimant-Appellee, v. Eric K. Shinseki, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

September 4, 2009.


Attorney(s) appearing for the Case

Richard R. James, Law Offices of Richard Robert James, Esq., of Glen Allen, Virginia, argued for claimant-appellee Angel Vazquez-Flores.

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellee Michael R. Schultz.

Martin F. Hockey, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant. With him on the brief were Michael F. Hertz, Assistant Attorney General, and Jeanne E. Davidson, Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Martie S. Adelman, Staff Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before LINN, PROST, and MOORE, Circuit Judges.


PROST, Circuit Judge.

The Secretary of Veterans Affairs appeals two related judgments from the Court of Appeals for Veterans Claims ("Veterans Court"). Because the parties make substantially identical arguments, we address the appeals together. Veterans Angel Vazquez-Flores and Michael R. Schultz each applied for an increased rating for their service-connected disabilities. Their regional offices ("ROs") denied the claims, and the Board of Veterans' Appeals ("Board...

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