No. 2015-7022.

814 F.3d 1359 (2016)

Ida DICKENS, Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 1, 2016.

Attorney(s) appearing for the Case

Zachary Stolz , Chisholm Chisholm & Kilpatrick, Providence, RI, argued for claimant-appellant. Also represented by Nicholas L. Phinney , Robert Vincent Chisholm , Matthew J. Ilacqua ; Barbara J. Cook , Cincinnati, OH; Christopher J. Clay , Disabled American Veterans, Cold Spring, KY.

Martin F. Hockey, Jr. , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Benjamin C. Mizer , Robert E. Kirschman, Jr. ; David J. Barrans , Brian D. Griffin , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before LOURIE, SCHALL, and HUGHES, Circuit Judges.

Calvin Dickens was an Army veteran who passed away while his benefits claim was pending. Ida Dickens, his widow, filed a claim for accrued benefits, which the Board of Veterans' Appeals rejected for insufficient evidence of combat status. Mrs. Dickens appealed to the United States Court of Appeals for Veterans Claims, arguing...

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