SPICER v. SHINSEKI

Attorney(s) appearing for the Case

Garth Baer , Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for claimant-appellant. With him on the brief were Ronald L. Smith and Benjamin T. Sirolly .

Nicholas Jabbour , 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, Bryant G. Snee , Acting Director, Martin F. Hockey, Jr. , Assistant Director, and James Sweet , Trial Attorney. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Christina Gregg , Staff Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel were Christa A. Shriber and Y. Ken Lee .

Before LOURIE, CLEVENGER, and CHEN, Circuit Judges.