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WANLESS v. SHINSEKI

No. 2010-7007.

618 F.3d 1333 (2010)

William H. WANLESS, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 10, 2010.

Attorney(s) appearing for the Case

Robert K. Kry , MoloLamken LLP, of Washington, DC, argued for claimant-appellant.

James Sweet , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin Hockey , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Martin J. Sendek , Staff Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

The issue before this court is one of statutory construction, specifically the construction of 38 U.S.C. § 5313 (1993). This statute reduces the benefits of veterans who are convicted of felonies and are "incarcerated in a Federal, State, or local penal institution." William H. Wanless is an incarcerated veteran whose disability benefits were reduced pursuant to § 5313. Upon transferring from a state-operated prison to Davis Correctional...

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