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GUERRA v. SHINSEKI

No. 2010-7080.

642 F.3d 1046 (2011)

Lionel GUERRA, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 29, 2011.

Attorney(s) appearing for the Case

Zachary M. Stolz , Chisholm, Chisholm & Kilpatrick, of Washington, DC, argued for claimant-appellant.

Lauren A. Weeman , 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 Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief was Michael J. Timinski , Deputy Assistant General Counsel, and Rachael T. Shenkman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Opinion for the court filed by Circuit Judge BRYSON. Dissenting opinion filed by Circuit Judge GAJARSA.

BRYSON, Circuit Judge.

This case requires us to construe one of the statutes providing benefits for disabled veterans. The issue on appeal is whether the Court of Appeals for Veterans Claims ("the Veterans Court") correctly interpreted a statute that provides additional monthly compensation to certain severely disabled veterans. We hold that it did, and we affirm.

Pursuant to congressional direction, the Department of Veterans Affairs ("DVA") has promulgated...

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