Sursely v. Peake
United States Court of Appeals for the Federal Circuit
551 F.3d 1351 (2009)
- Written by Sean Carroll, JD
Facts
Federal law permitted “a clothing allowance” for each veteran who, because of a disability incurred during active service duty, used an orthopedic appliance. James Sursely (plaintiff) was severely injured while serving in the Vietnam War, losing an arm and both legs. Sursely’s injuries required two orthopedic appliances. Sursely filed a claim with the Department of Veterans Affairs (defendant) for two clothing allowances on the ground that he had multiple injuries that required multiple orthopedic appliances. The Board of Veterans’ Appeals denied Sursely’s claim, ruling that the statute authorized only a single clothing allowance per veteran. The Court of Appeals for Veterans Claims affirmed. Sursely appealed.
Rule of Law
Issue
Holding and Reasoning (Garjarsa, J.)
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