United States Federal Circuit

In a petition by a Vietnam veteran seeking benefits related to Agent Orange exposure, petition for rehearing is denied where the statutory phrase "in the Republic of Vietnam" was reasonably interpreted by the agency to apply only to those veterans who had actually set foot on land, not to those who had only served on ships within the territorial seas adjacent to the Vietnamese mainland.

Appellate Information

• Decided 10/09/2008
• Published 10/09/2008

Judges

• Before MICHEL, Chief Judge, BRYSON, Circuit Judge, and FOGEL, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stanley J. Panikowski, DLA Piper U.S. LLP, of San Diego, CA, for amici curiae the American Legion, et al., John B. Wells, of Slidell, LA, for amicus curiae Patricia McCulley.


• For Appellees:
  
• Stephen B. Kinnaird, Sidley Austin LLP, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for claimant-appellee.   On the petition were Barton F. Stichman and Louis J. George, National Veterans Legal Services Program, of Washington, DC., Todd M. Hughes, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, filed a response to the petition for respondent-appellant.   With him on the response were Gregory G. Katsas, Assistant Attorney General and Jeanne E. Davidson, Director.   Of counsel on the response were David J. Barrans, Deputy Assistant General Counsel, and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC.