GARDIN v. SHINSEKI

No. 2009-7120.

613 F.3d 1374 (2010)

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

United States Court of Appeals, Federal Circuit.

July 16, 2010.


Attorney(s) appearing for the Case

Janet A. Pioli, Brinks Hofer Gilson & Lione, of Chicago, Illinois, argued for claimant-appellant. With her on the brief were Meredith Martin Addy and John E. Haugen.

Tara K. Hogan, 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 Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Kirk T. Manhardt, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Christa A. Childers, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before MAYER, GAJARSA, and MOORE, Circuit Judges.


GAJARSA, Circuit Judge.

This is an appeal by a veteran seeking to obtain disability compensation benefits from the Veterans Administration. Wayne J. Gardin appeals from a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming the Board of Veterans Appeals' ("Board") denial of Mr. Gardin's claim for disability compensation for diabetes because the disease was not service-connected. See Gardin v. Shinseki, No. 07-1812...

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