United States Federal Circuit
Sursely v. Peake, 2008-7090
38 U.S.C. section 1162, which authorizes an annual clothing allowance to veterans whose disabilities require clothing-damaging orthopedic appliances, permits more than one such allowance where the veteran has multiple, independently qualifying orthopedic appliances.
Appellate Information
- Decided 01/07/2009
- Published 01/07/2009
Judges
- GAJARSA, Circuit Judge., Before NEWMAN, PLAGER, and GAJARSA, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- James R. Barney, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for claimant-appellant. On the brief was Ronald L. Smith. Of counsel on the brief was Zachary M. Stolz, Chisholm, Chisholm & Kilpatrick, of Washington, DC.
- For Appellees:
- Meredyth D. Cohen, 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 Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.