O'BRYAN v. McDONALD

No. 2014-7027.

771 F.3d 1376 (2014)

Marcus W. O'BRYAN, Claimant-Appellant, v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

November 20, 2014.


Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Office of Carpenter Chartered, of Topeka, KS, argued for claimant-appellant. On the brief was Theodore C. Jarvi , Law Offices of Theodore C. Jarvi, of Tempe, AZ.

Tanya B. Koenig , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, Robert E. Kirschman, Jr. , Director, and Scott D. Austin , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Lara K. Eilhardt , Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

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


DYK, Circuit Judge.

Marcus W. O'Bryan ("O'Bryan") appeals from a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court"). The Veterans Court affirmed a 2011 decision of the Board of Veterans' Appeals ("Board") that found no clear and unmistakable error ("CUE") in a 1980 Board decision to deny Mr. O'Bryan disability benefits based on Leber's optic atrophy ("Leber's"). O'Bryan v. Shinseki, No. 11-2584, 2013 WL 2631003, at *1 (Vet...

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