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MARTIN v. McDONALD

No. 2013-7097.

761 F.3d 1366 (2014)

Grover MARTIN, Claimant-Appellant, v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 5, 2014.

Attorney(s) appearing for the Case

Grover Martin, of Mobile, Alabama, pro se.

Tara K. Hogan , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent appellee. On the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Scott D. Austin , Assistant Director, and Kimberly I. Kennedy , Trial Attorney. Of counsel on the brief was Michelle D.D. Bernstein , Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Jeffrey D. Klingman , Trial Attorney.

Allison B. Jones , Williams & Connolly LLP, of Washington, DC, argued for court-appointed amicus curiae Kannon K. Shanmugam. With her on the brief was Kannon K. Shanmugam.

Before NEWMAN, CLEVENGER, and TARANTO, Circuit Judges.

TARANTO, Circuit Judge.

Grover Martin, a veteran of the United States Army, applied for educational-assistance benefits under 38 U.S.C. § 3011. The Board of Veterans' Appeals denied the application, concluding that Mr. Martin was ineligible for benefits under section 3011 because the basis for his honorable discharge in 1990 constituted "willful misconduct" as a matter of law. The Court of Appeals for Veterans Claims affirmed. Martin v. Shinseki, No. 11...

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