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LARSON v. SHINSEKI

No. 2013-7060.

744 F.3d 1317 (2014)

Thomas L. LARSON, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 10, 2014.

Attorney(s) appearing for the Case

Barbara J. Cook , of Cincinnati, Ohio, argued for claimant-appellant.

Allison Kidd-Miller , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr., , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Christina L. Gregg , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before PROST, WALLACH, and CHEN, Circuit Judges.

PROST, Circuit Judge.

Thomas L. Larson appeals from a decision of the U.S. Court of Appeals for Veterans Claims ("Veterans Court"), which affirmed a decision of the Board of Veterans' Appeals ("Board") denying Mr. Larson's claim that there had been a clear and unmistakable error in his 1969 disability rating decision. For the reasons that follow, we reverse in part and remand for further consideration.

BACKGROUND

Mr. Larson is a Vietnam War veteran...

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