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KERNEA v. SHINSEKI

No. 2012-7142.

724 F.3d 1374 (2013)

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

United States Court of Appeals, Federal Circuit.

August 1, 2013.

Attorney(s) appearing for the Case

William S. Foster, Jr. , Baker Botts, LLP, of Washington, DC, argued for claimant-appellant.

Allison Kidd-Miller , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Stuart F. Delery , Principal Deputy 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 Martie Adelman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, DYK, and PROST, Circuit Judges.

PROST, Circuit Judge.

Flora L. Kernea appeals from a decision of the U.S. Court of Appeals for Veterans Claims ("Veterans Court"), which affirmed a decision of the Board of Veterans' Appeals ("Board") denying Ms. Kernea's claim for enhanced dependency and indemnity compensation under 38 U.S.C. § 1311(a)(2). We affirm.

I. BACKGROUND

Ms. Kernea is the widow of Donald E. Kernea, a veteran of World War II who was honorably discharged from the Navy...

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