United States Federal Circuit

38 C.F.R. section 3.303(c), which provides that "refractive error of the eye" is not a disease or injury within the meaning of veterans' benefits statutes, is valid and precludes plaintiff's claim for compensation for presbyopia.

Appellate Information

• Decided 08/27/2003
• Published 08/27/2003

Judges

• SCHALL, Circuit Judge., Before NEWMAN, CLEVENGER, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.


• For Appellees:
  
• Maureen A. Delaney, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   On the brief were David M. Cohen, Director;  Brian M. Simkin, Assistant Director;  and Allison Page, Trial Attorney.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Martie S. Adelman, Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel was James W. Poirier, Attorney, Department of Justice, of Washington, DC.