Veteranclaims’s Blog

May 20, 2011

Hillyard v. Shinseki, No. 08-1733, Update/Correction May 20, 2011

Filed under: Uncategorized — Tags: , — veteranclaims @ 1:39 pm

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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
NO. 08-1733
JOSEPH C. HILLYARD,
v.
ERIC K. SHINSEKI,
SECRETARY OF VETERANS AFFAIRS,

Before GREENE, HAGEL, and SCHOELEN, Judges.
ORDER
It is ORDERED that this Court’s opinion entered on March 29, 2011, is
hereby amended as follows:
On page seventeen, lines eight through eleven, delete the sentence
beginning, “For example, in Dingess,” and ending “effective date of the disability.” and replace it with “For example, in D’Amico v. West, 209 F.3d 1322, 1326 (Fed. Cir. 2000), the Federal Circuit held that ‘[a] claim for veteran’s disability benefits has five elements: (1) veteran status; (2) existence of a disability; (3) service connection of the disability; (4) degree of disability, and (5) effective date of the disability.'”
DATED: May 13, 2011
FOR THE COURT:
/s/ Gregory O. Block
GREGORY O. BLOCK
Clerk of the Court
Copies to:
Kenneth M. Carpenter, Esq.
VA General Counsel (027)

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