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SCHMIDT v. U.S.

No. 13-5007.

749 F.3d 1064 (2014)

Jeffry SCHMIDT, also known as Jeff Schmidt, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 2014.

Attorney(s) appearing for the Case

Michael D.J. Eisenberg argued the cause and filed the briefs for appellant.

Benton G. Peterson , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald Machen, Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge WILKINS.

WILKINS, Circuit Judge:

Appellant Jeffry Schmidt, a Marine Corps veteran, was honorably discharged from the military in 1989 by reason of physical disability. In 1990, he filed an application with the Board for Correction of Naval Records (BCNR) seeking an increase in his disability rating. His request was denied. In 2008, he asked the BCNR to reconsider its earlier decision based, at least in part, on his having been diagnosed with post-traumatic stress disorder...

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