YONEK v. SHINSEKI

No. 2012-7120.

722 F.3d 1355 (2013)

Stephen F. YONEK, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 8, 2013.


Attorney(s) appearing for the Case

Michael J. Flibbert , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Palo Alto, CA, argued for claimant-appellant. On the brief were Gary C. Ma , of Palo Alto, CA and Ronald L. Smith of Washington, DC. Of counsel was Holly J. Atkinson , of Palo Alto, CA.

Tara K. Hogan , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Stuart F. Delery, Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, Martin F. Hockey, Jr. , Assistant Director, and L. Misha Preheim , Senior Trial Counsel. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Martie Adelman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before DYK, CLEVENGER, and MOORE, Circuit Judges.


DYK, Circuit Judge.

Stephen F. Yonek appeals from the decision of the Court of Appeals for Veterans Claims ("Veterans Court") holding that diagnostic code ("DC") 5201 only allows a single disability rating for each injured shoulder even though Yonek's shoulder manifests limitation of motion with respect to both flexion and abduction. We affirm.

BACKGROUND

Section 4.71a of the Department of Veterans Affairs ("VA") regulations sets forth a schedule...

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