RIVERA v. SHINSEKI

Attorney(s) appearing for the Case

Omar A. Khan , Wilmer Cutler Pickering Hale and Dorr, LLP, of New York, New York, argued for claimant-appellant. Of counsel were Adriel I. Cepeda Derieux , Clarion Johnson and Saverino Mercadante. Of counsel on the brief were Margaret C. Bartley and E. Carson Lange , National Veterans Legal Services Program, of Washington, DC.

Martin F. Hockey, Jr. , Assistant Director, 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 Todd M. Hughes , Deputy Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General, and Martin S. Sendek , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Mark R. Lippman , The Veterans Law Group, of La Jolla, California, for amicus curiae The Federal Circuit Bar Association.

Before BRYSON, DYK, and O'MALLEY, Circuit Judges.