United States Federal Circuit

A preponderance of the evidence establishing willful misconduct is sufficient to rebut a presumption of service-connection for peacetime disabilities under 38 U.S.C. section 105(a).

Appellate Information

• Decided 09/09/2005
• Published 09/09/2005

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.   On the brief was John F. Cameron, of Montgomery, Alabama.


• For Appellees:
  
• Steven M. Mager, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director and Mark A. Melnick, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Acting Assistant General Counsel and Y. Ken Lee, Attorney, United States Department of Veterans Affairs.   Of counsel was Jamie L. Mueller.