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MOORE v. SHINSEKI

No. 2007-7306.

555 F.3d 1369 (2009)

Dwayne A. MOORE, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 10, 2009.

Attorney(s) appearing for the Case

Daniel P. Graham, Wiley Rein LLP, of Washington, DC, argued for claimant-appellant.

Claudia Burke, Senior 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 was David J. Barrans, Deputy Assistant General Counsel, Department of Veterans Affairs, of Washington, DC.

Before MAYER and DYK, Circuit Judges, and HUFF, District Judge.

MAYER, Circuit Judge.

Dwayne A. Moore appeals the judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") which affirmed a Board of Veterans' Appeals decision denying his request for a higher disability rating. See Moore v. Nicholson, 21 Vet.App. 211 (2007) ("2007 Veterans Court Decision"). Because we conclude that the Department of Veterans Affairs ("VA") erred in failing to obtain Moore's service medical records before...

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