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FREDERICK v. SHINSEKI

No. 2011-7146.

684 F.3d 1263 (2012)

Ruth Hill FREDERICK, Claimant-Appellee, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

July 3, 2012.

Attorney(s) appearing for the Case

Paul M. Schoenhard , Ropes & Gray LLP, of Washington, DC, argued for claimant-appellee.

Joshua E. Kurland , Trial Attorney, 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 F. Hockey, Jr. , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Amanda R. Blackmon , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Dissenting opinion filed by Circuit Judge REYNA.

CLEVENGER, Circuit Judge.

The Secretary of the Department of Veterans Affairs ("Secretary") appeals from the judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") that Mrs. Ruth Hill Frederick is entitled to dependency and indemnity compensation (DIC) benefits. Frederick v. Shinseki, 24 Vet.App. 335 (2011). Because the Veterans Court misinterpreted the relevant statute, we reverse.

I

As an initial matter, we...

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