WAGNER v. SHINSEKI

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant. On the brief was Theodore C. Jarvi , Law Offices of Theodore C. Jarvi, of Tempe, Arizona.

James Sweet , Trial Counsel, 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 , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Christina L. Gregg , Staff Attorney, United States Department of Veterans Affairs, of Washington, DC. of counsel was Brian D. Griffin.

Before O'MALLEY, CLEVENGER, and TARANTO, Circuit Judges.