MIDDLETON v. SHINSEKI

Attorney(s) appearing for the Case

Michael S. Sawyer , Covington & Burling LLP, of Washington, DC, argued for claimant-appellant. With him on the brief was Einar Stole. Of counsel on the brief were Barton F. Stichman and Katy Schuman Clemens, National Veterans Legal Services Program, of Washington, DC.

Alex P. Hontos , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondentappellee. With him on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Scott D. Austin , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Meghan Alphonso , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Dissenting opinion filed by Circuit Judge PLAGER.