SMITH v. SHINSEKI

Attorney(s) appearing for the Case

James R. Barney , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for claimant-appellant. Mark R. Lippman , The Veterans Law Group, of La Jolla, CA, for claimant-appellant.

Eric P. Bruskin , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the respondent-appellee. With him 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 were Michael J. Timinski , Deputy Assistant General Counsel, and Amanda R. Blackmon , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before LINN, PLAGER, and DYK, Circuit Judges.