United States Federal Circuit

The Court of Appeals for Veterans Claims applied the correct legal standard (a clearly erroneous standard as opposed to de novo) in reviewing the BVA's application of the correct legal standard to the decision that plaintiff's disability was not service connected.

Appellate Information

• Decided 12/29/2003
• Published 12/29/2003

Judges

• DYK, Circuit Judge., Before CLEVENGER, GAJARSA and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Doris S. Finnerman, 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 David M. Cohen, Director;  and Kathryn A. Bleecker, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Jamie L. Mueller, Attorney, Department of Veterans Affairs, of Washington, DC.