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United States Federal Circuit


Rodriguez v. Peake, 2006-7023

A decision permitting a survivor of a deceased veteran to proceed with a claim for dependency and indemnity compensation is reversed where the Board of Veterans' Appeals application of amended 38 C.F.R. section 3.22 to claimant does not have an unlawful "retroactive effect."

Appellate Information

  • Decided 01/07/2008
  • Published 01/07/2008

Judges

  • KEELEY, Chief District Judge., Before BRYSON, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and KEELEY, Chief District Judge.

Court

  • United States Federal Circuit

Counsel

  • For Appellees:
  • Kenneth M. Carpenter, Carpenter, Chartered, Topeka, KS, argued for claimant-appellee., Kyle E. Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the respondent-appellant.   With him on the brief was Peter D. Keisler, Acting Attorney General.   Of counsel was Todd M. Hughes.   Of counsel on the brief was Joshua S. Blume, Attorney, United States Department of Veterans Affairs, of Washington, DC.
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