MIDDLETON v. SHINSEKI

Attorney(s) appearing for the Case

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

Michael P. Goodman , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, filed a response to the petition for respondent-appellee. On the response were Stuart F. Delery , Assistant Attorney General, Bryant G. Snee , Acting Director, and Scott D. Austin , Assistant Director. Of counsel on the response were Michael J. Timinski , Deputy Assistant General Counsel, and Meghan Alphonso , Attorney, United States Department of Veterans Affairs, of Washington, DC.

David J. Lewis , Sidley Austin LLP, of Washington, DC, for amici curiae The American Legion and Vietnam Veterans of America. Of counsel on the brief was Philip B. Onderdonk , The American Legion, of Indianapolis, Indiana, for amicus curiae The American Legion.

Before RADER, Chief Judge, NEWMAN, PLAGER, LOURIE, DYK, PROST, MOORE, REYNA, WALLACH, TARANTO, and CHEN, Circuit Judges.