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In a dispute over a denial of disability benefits, Court of Appeals for Veterans Claims judgment is affirmed where the absence of a right to confrontation with the Veterans Health Administration ophthalmologist was not prejudicial to plaintiff's claim as there was no evidence of record that established an actual causal nexus between plaintiff's in-service injury and his cataracts.
Appeal from the United States Court of Appeals for Veterans Claims
Decided August 13, 2009
Before BRYSON, LINN, and MOORE, Circuit Judges.
Per Curium Opinion.
Concurring opinions by Circuit Judge BRYSON and Circuit Judge MOORE.
For Appellant: Michael A. Morin, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Washington, DC.
For Appellee: Harold D. Lester, Jr., United States Department of Justice, Washington, DC.