Benjamin v. Shinseki

Full title: BARNETT R. BENJAMIN, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF…

Court: United States Court of Appeals for the Federal Circuit

Date published: Mar 13, 2013

500 F. App'x 949 (Fed. Cir. 2013)

Opinion

2012-7127

03-13-2013

BARNETT R. BENJAMIN, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.

THOMAS R. BENDER, Chisholm Chisholm & Kilpatrick, Ltd., of Providence, Rhode Island, argued for claimant-appellant. Of counsel on the brief was CHRISTOPHER J. CLAY, Disabled American Veterans, of Cold Springs, Kentucky. Of counsel was ZACHARY STOLZ, of Chisholm Chisholm & Kilpatrick, Ltd., of Providence, Rhode Island. ELIZABETH M. HOSFORD, Senior Trial Counsel, 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, Principal Deputy Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel, and JOSHUA P. MAYER, Attorney, United States Department of Veterans Affairs, of Washington, DC.

PER CURIAM

NOTE: This disposition is nonprecedential.

Appeal from the United States Court of Appeals for Veterans Claims in No. 10-2420, Judge Donald L. Ivers.

JUDGMENT

THOMAS R. BENDER, Chisholm Chisholm & Kilpatrick, Ltd., of Providence, Rhode Island, argued for claimant-appellant. Of counsel on the brief was CHRISTOPHER J. CLAY, Disabled American Veterans, of Cold Springs, Kentucky. Of counsel was ZACHARY STOLZ, of Chisholm Chisholm & Kilpatrick, Ltd., of Providence, Rhode Island.

ELIZABETH M. HOSFORD, Senior Trial Counsel, 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, Principal Deputy Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel, and JOSHUA P. MAYER, Attorney, United States Department of Veterans Affairs, of Washington, DC. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

PER CURIAM (LOURIE, BRYSON, and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

______________________

Jan Horbaly

Clerk