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TYRUES v. SHINSEKI

No. 2013-7007.

732 F.3d 1351 (2013)

Larry G. TYRUES, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

October 10, 2013.

Attorney(s) appearing for the Case

Mark R. Lippman , The Veterans Law Group, of La Jolla, CA, argued for claimant-appellant.

Martin F. Hockey, Jr. , Assistant Director, 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 , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Martie Adelman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Dissenting opinion filed by Circuit Judge NEWMAN.

TARANTO, Circuit Judge.

Larry G. Tyrues, a veteran of the United States Army who served in the Persian Gulf, sought disability benefits under two different standards. In September 1998, the Board of Veterans' Appeals rejected his claim to benefits under 38 U.S.C. § 1110, because his lung condition lacked the required service connection, but remanded to the Department of Veterans' Affairs Regional Office for further consideration of whether his chronic symptoms...

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