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BOWERS v. SHINSEKI

No. 2013-7087.

748 F.3d 1351 (2014)

Kay M. BOWERS, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 17, 2014.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

William J. Grimaldi , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Joshua P. Mayer , Attorney, United States Department of Veteran Affairs, of Washington, DC.

Before RADER, Chief Judge, MOORE and HUGHES, Circuit Judges.

HUGHES, Circuit Judge.

Kay M. Bowers seeks benefits based on the military service of her late husband, Wayne E. Bowers, who served in the Army National Guard. Thirty years after his National Guard duty, Mr. Bowers was diagnosed with and subsequently died from amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease. A regulation of the Department of Veterans Affairs provides a presumption of service connection for any veteran who develops ALS...

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