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READ v. SHINSEKI

No. 2010-7100.

651 F.3d 1296 (2011)

Dwight L. READ, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 22, 2011.

Attorney(s) appearing for the Case

Doris Johnson Hines, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for claimant-appellant. With her on the brief was Ronald L. Smith.

Shelley D. Weger, 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. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel and Dana Raffaelli, Attorney, United States Department of Veterans Affairs.

Before NEWMAN, CLEVENGER, and LINN, Circuit Judges.

LINN, Circuit Judge.

Dwight L. Read ("Read") appeals from the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court"), holding that a 2007 Board of Veterans' Appeals ("Board") decision changing the situs of Read's disability from one Muscle Group to another was not a severance of Read's service connection in violation of 38 U.S.C. § 1159. Read v. Shinseki, No. 07-3461, 2009 WL 3367647 (Vet. App. Oct. 21, 2009) (Table) ("

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