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RUSICK v. GIBSON

No. 2013-7105.

760 F.3d 1342 (2014)

Bonnie J. RUSICK, Claimant-Appellant, v. Sloan D. GIBSON, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 23, 2014.

Attorney(s) appearing for the Case

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

Michael P. Goodman , 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 , Assistant Attorney General, Bryant G. Snee , Acting Director, and Franklin E. White, Jr. , Assistant Director. Of counsel on the brief were David J. Barrons , Deputy Assistant General Counsel, and Lara K. Eilhardt , Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before PROST, Chief Judge, BRYSON and DYK, Circuit Judges.

BRYSON, Circuit Judge.

Bonnie J. Rusick appeals from a decision of the United States Court of Appeals for Veterans Claims ("the Veterans Court"), which upheld a ruling of the Board of Veterans' Appeals denying Mrs. Rusick's claim for accrued benefits allegedly due to her deceased husband. Because the Veterans Court did not misinterpret 38 U.S.C. § 5121(a) or 38 U.S.C. § 5109A(b), we affirm.

I

Mrs. Rusick is the surviving spouse of veteran...

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