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DELISLE v. McDONALD

No. 2014-7084.

789 F.3d 1372 (2015)

Ervin N. DELISLE, Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 18, 2015.

Attorney(s) appearing for the Case

William Barrett Raich , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for claimant-appellant. Also represented by Ronald Lee Smith , Kara F. Stoll.

James Sweet , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Joyce Branda , Robert E. Kirschman, Jr. , Martin F. Hockey, Jr. ; David J. Barrans , Lara Eilhardt , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before PROST, Chief Judge, LOURIE, Circuit Judge, and GILSTRAP, District Judge.

Claimant-appellant Ervin N. Delisle appeals the decision of the United States Court of Appeals for Veterans Claims in Delisle v. Shinseki, No. 12-3113, 2014 WL 718507 (Vet.App. Feb. 26, 2014), denying appellant's application for an enhanced disability rating under 38 U.S.C. § 1110 and diagnostic code ("DC")...

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