United States Federal Circuit

Denial of plaintiff's application for compensation and pension for hearing loss is affirmed where the evidence was legally sufficient to constitute clear and unmistakable evidence of the preexistence of his hearing loss.

Appellate Information

• Decided 12/01/2004
• Published 12/01/2004

Judges

• LINN, Circuit Judge., Before NEWMAN, LINN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kathy A. Lieberman, Lieberman & Mark, of Washington, DC, argued for claimant-appellant.


• For Appellees:
  
• Carolyn J. Craig, 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 Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Patricia M. McCarthy, Assistant Director.   Of counsel was Jeanne E. Davidson, Deputy Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC.