VIEGAS v. SHINSEKI

No. 2012-7075.

705 F.3d 1374 (2013)

John L. VIEGAS, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 31, 2013.


Attorney(s) appearing for the Case

Linda E. Blauhut , Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellant. With her on the brief was Jennifer A. Zajac .

Scott D. Austin , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Todd M. Hughes , Deputy Director, and Elizabeth M. Hosford , Senior Trial Counsel. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Christa A. Shriber , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before RADER, Chief Judge, NEWMAN and MAYER, Circuit Judges.


MAYER, Circuit Judge.

John L. Viegas appeals the final judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming a decision of the Board of Veterans' Appeals ("board") that denied his claim for disability compensation under 38 U.S.C. § 1151. See Viegas v. Shinseki, No. 10-568, 2011 WL 5865451, 2011 U.S.App. Vet. Claims LEXIS 2554 (Nov. 23, 2011) ("Veterans Court Decision"). Because we conclude that the Veterans...

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