BURDEN v. SHINSEKI

Nos. 2012-7096, 2012-7122.

727 F.3d 1161 (2013)

Michele D. BURDEN, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. Helen C. Coleman, Claimant-Appellant, v. Eric K. Shinseki, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 16, 2013.


Attorney(s) appearing for the Case

Martin V. Totaro , MoloLamken, LLP, of Washington, DC, argued for claimant-appellant in appeal no. 2012-7096. With him on the brief was Robert K. Kry.

Elizabeth M. Hosford , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee in appeal no. 2012-7096. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Tracey P. Warren , Attorney, United States Department of Veteran Affairs, of Washington, DC. Of counsel was Katy M. Bartelma , Trial Attorney, United States Department of Justice, of Washington, DC.

Jennifer C. Tempesta , Baker Botts, L.L.P., of New York, NY, argued for claimant-appellant in appeal no. 2012-7122.

Katy M. Bartelma , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee in appeal no. 2012-7122. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Kirk T. Manhardt , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Lara K. Eilhardt , Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel were Elizabeth Marie Hosford , Senior Trial Counsel, United States Department of Justice, of Washington, DC; and Jonathan Elliott Taylor , Attorney, United States Department of Veteran Affairs, of Washington, DC.

Before DYK, MAYER, and MOORE, Circuit Judges.


MAYER, Circuit Judge.

Michele D. Burden ("Mrs. Burden") and Helen C. Coleman ("Mrs. Coleman") appeal final judgments of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying their claims for dependency and indemnity compensation ("DIC"). See Burden v. Shinseki, 25 Vet.App. 178 (2012) ("Burden Decision"); Coleman v. Shinseki, No. 09-3480, 2012 WL 638764, 2012 U.S.App. Vet. Claims

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