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CHANDLER v. SHINSEKI

No. 2011-7030.

676 F.3d 1045 (2012)

Howard E. CHANDLER, Claimant-Appellee, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

April 11, 2012.

Attorney(s) appearing for the Case

Paige M. Willan , Chadbourne & Parke, LLP, of New York, NY, argued for claimant-appellee. With her on the brief was Thomas E. Riley. Of counsel on the brief was Margaret C. Bartley , National Veterans Legal Services, of Washington, DC.

Scott D. Austin , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin E. Hockey, Jr. , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Y. Ken Lee , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Opinion for the court filed by Chief Judge RADER. District Judge AIKEN concurs in the result.

RADER, Chief Judge.

The Secretary of Veterans Affairs ("Secretary") appeals the decision of the U.S. Court of Appeals for Veterans Claims ("Veterans Court") finding Howard Chandler entitled to a special monthly pension under 38 U.S.C. § 1521(e) (2001) in view of the Veterans Court's interpretation of 38 U.S.C. § 1513(a) (2006) in Hartness v. Nicholson, 20 Vet.App. 216 (2006). Chandler v. Shinseki, 24 Vet.App. 23 (2010). Because this court overrules...

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