United States Federal Circuit

Denial of a claim for benefits for injury resulting from assaults occurring while claimant was hospitalized at a VA hospital is reversed where the Veterans Court failed to give a statutory phrase its full meaning to allow compensation for all injuries occurring as a result of a veteran being hospitalized.

Appellate Information

• Decided 12/30/2005
• Published 01/04/2006

Judges

• LOURIE, Circuit Judge., Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Hillary A. Stern, Attorney, Commercial Litigation Branch, Civil Division, 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 Bryant G. Snee, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Assistant General Counsel, and Joshua S. Blume, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel were Franklin E. White, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC.