United States Federal Circuit

The Court of Federal Claims properly upheld the 30% disability rating assigned based on Marine's level of impairment as a result of HIV infection.

Appellate Information

• Decided 05/13/2004
• Published 05/13/2004

Judges

• DYK, Circuit Judge., Before LOURIE, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Eugene R. Fidell,Feldesman Tucker Leifer Fidell LLP, of Washington, DC argued for plaintiff-appellant., Ronald S. Flagg, Sidley Austin Brown & Wood, LLP, of Washington, DC, for amicus curiae, the National Veterans Legal Services Program.   With him on the brief was Barton F. StichmanNational Veterans Legal Services Program, of Washington, DC.


• For Appellees:
  
• Michael D. Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Bryant G. Snee, Assistant Director.