Summary
describing statutory bases for broad authority of Secretary to develop the record, including by scheduling a veteran for a medical examination
Summary of this case from Herbert v. McDonaldOpinion
No. 2009-7037.
November 4, 2009.
On Appeal from the United States Court of Appeals for Veterans Claims, No. 06-0482; William P. Greene, Jr., Chief Judge.
Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas argued for claimant-appellant.
Hillary A. Stern, 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 Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Deputy Director. Of counsel on the brief was Michael J. Timinski, Deputy Assistant General Counsel, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.
MAYER, LOURIE and RADER, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.