PRINKEY v. SHINSEKI

No. 2012-7138.

735 F.3d 1375 (2013)

Robert D. PRINKEY, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

November 19, 2013.


Attorney(s) appearing for the Case

Zachary Stolz , Chisholm Chisholm & Kilpatrick, Ltd., of Providence, RI, argued for claimant-appellant. On the brief were Thomas R. Bender ; and Christopher J. Clay , Disabled American Veterans, of Cold Springs, KY. Of counsel was Robert Vincent Chisholm , Chisholm Chisholm & Kilpatrick, of Providence, RI.

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 Michael S. Macko , Trial Attorney. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel and Tracey Parker Warren , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, CLEVENGER, and TARANTO, Circuit Judges.


CLEVENGER, Circuit Judge.

Robert D. Prinkey appeals from the final decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming the decision of the Board of Veterans' Appeals ("BVA") sustaining the severance of service connection for diabetes mellitus type II and related disabilities and denying entitlement to a total disability rating based on individual unemployability. Prinkey v....

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