WALKER v. SHINSEKI

No. 2011-7184.

708 F.3d 1331 (2013)

James E. WALKER, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 21, 2013.


Attorney(s) appearing for the Case

David S. Forman , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for claimant-appellant. With him on the brief was Anita Bhushan , of Atlanta, Georgia. Of counsel on the brief were Louis J. George and Barton F. Stichman , National Veterans Legal Services Program, of Washington, DC. Of counsel was Jessica H. Roark , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Reston, Virginia.

Alex P. Hontos , 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 Stuart F. Delery , Acting 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 Brian D. Griffin , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before DYK, CLEVENGER, and WALLACH, Circuit Judges.


CLEVENGER, Circuit Judge.

This case involves a claim for disability compensation filed by Julius E. Walker ("Mr. Walker") on April 7, 2007, for bilateral hearing loss. The Board of Veterans' Appeals ("Board") denied the claim on May 5, 2010. Pending appeal to the United States Court of Appeals for Veterans Claims ("Veterans Court"), the claimant died, and his son, Brig. Gen. James E. Walker ("Walker"), was substituted as a potential accrued benefits beneficiary. The...

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