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MORRIS v. SHINSEKI

No. 2011-7061.

678 F.3d 1346 (2012)

Jack D. MORRIS, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

May 15, 2012.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.

Scott D. Austin , Senior Trial Counsel, 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 Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Dana Raffaelli , Attorney, United States Department of Veterans, of Washington, DC.

Opinion for the court filed by Circuit Judge SCHALL. Concurring opinion filed by Circuit Judge DYK.

SCHALL, Circuit Judge.

Jack D. Morris appeals the October 15, 2010 decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") in Morris v. Shinseki, No. 09-0017, 2010 WL 4068749 (Vet.App. Oct. 15, 2010). In its decision, the Veterans Court affirmed the September 12, 2008 decision of the Board of Veterans' Appeals ("Board") in In re Morris, No. 04-38 491 (Bd.Vet.App. Sept. 12, 2008) ("2008 Board Decision"). In that decision...

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