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KING v. SHINSEKI

No. 2011-7159.

700 F.3d 1339 (2012)

Nathan KING, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 5, 2012.

Attorney(s) appearing for the Case

Michael Lawrence Varon , of White Plains, NY, argued for claimant-appellant.

Michael D. Austin , Trial Attorney, 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 Reginald T. Blades, 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.

Dissenting opinion filed by Circuit Judge O'MALLEY.

RADER, Chief Judge.

The United States Court of Appeals for Veterans Claims affirmed the decision of the Board of Veterans Appeals affirming the denial of Nathan King's claim for compensation benefits for his back and bilateral hip conditions. On appeal to this court, Mr. King contends that the Veterans Court erred by discounting lay testimony offered by Mr. King and his wife. Because, as a preliminary matter, the Veterans Court did not fail to consider Mr.

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