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DELOACH v. SHINSEKI

Nos. 2011-7147, 2011-7166.

704 F.3d 1370 (2013)

Ronald G. DELOACH, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. William H. Greene, Claimant-Appellant, v. Eric K. Shinseki, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 30, 2013.

Attorney(s) appearing for the Case

Igor V. Timofeyev , Paul Hastings LLP, of Washington, DC, argued for claimant-appellants in both appeals. With him on the briefs was Stephen B. Kinnaird . Of counsel on the brief were Barton F. Stichman ; and Louis J. George , 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 the respondent-appellee in both appeals. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Meredyth Cohen Havasy , Trial Attorney. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Jonathan Taylor , Attorney, United States Department of Veterans Affairs, of Washington, DC in appeal no. 2011-7147.

J. William Koegel, Jr. , Steptoe & Johnson, LLP, of Washington, DC, for amici curiae in both appeals, Military Order of the Purple Heart, et al.

Before NEWMAN, PROST, and REYNA, Circuit Judges.

REYNA, Circuit Judge.

In these consolidated appeals, the veterans claim that their current disabilities are connected to injuries sustained during their military service. In both cases, the veterans' medical records contained at least one physician's report opining that the claimed disabilities were service-connected and at least one ambiguous or inconclusive report declining to confirm such a nexus. The Department of Veterans Affairs ("VA") relied upon these latter...

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