SNEED v. SHINSEKI

Attorney(s) appearing for the Case

William H. Burgess , Kirkland & Ellis LLP, of Washington, DC, argued for claimant-appellant. With him on the brief was Benjamin A. Herbert , of Los Angeles, CA.

Jeffrey D. Klingman , Trial Attorney, 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 , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Scott D. Austin , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel and Meghan D. Alphonso , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Opinion for the court filed by Circuit Judge WALLACH; Dissenting opinion filed by Circuit Judge PROST.