Michael P. Goodman , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Susan Blauert , Deputy Assistant General Counsel, and Jennifer A. Gray , Attorney, United States Department of Veterans Affairs, of Washington, DC.
Opinion for the court filed by Circuit Judge WALLACH. Opinion concurring filed by Circuit Judge PLAGER.
United States Court of Appeals, Federal Circuit.
WALLACH, Circuit Judge.
William H. Heino, Sr. ("Mr. Heino") appeals from a judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") affirming a decision by the Board of Veterans' Appeals ("Board") denying him a lower copayment for his prescribed medication. Mr. Heino contends that his copayment amount must be reduced because it is more than what the Department of Veterans Affairs ("VA") pays...
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