Hillyard, No. 08-1733 (Vet. App. 2011)

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