No. 2013-7126.

766 F.3d 1393 (2014)

Tarell JOYNER, Claimant-Appellant, v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 12, 2014.

Attorney(s) appearing for the Case

Rachel M. McKenzie , Orrick, Herrington & Sutcliffe LLP, of Washington, DC, argued for claimant-appellant. With her on the brief was Eric A. Shumsky. Of counsel on the brief were Barton F. Stichman and Patrick A. Berkshire , National Veterans Legal Services Program, of Washington, DC.

Tara K. Hogan , 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, Bryant G. Snee , Acting Director, and Scott D. Austin , Assistant Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Martie Adelman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before PROST, Chief Judge, MOORE, and CHEN, Circuit Judges.

MOORE, Circuit Judge.

Tarell Joyner appeals from the decision of the Court of Appeals for Veterans Claims (Veterans Court) denying his claim for compensation for neck pain. Because the Veterans Court misinterpreted 38 U.S.C. § 1117, we vacate and remand.


Mr. Joyner served in the Marine Corps and completed one tour of duty in the Persian Gulf. During service, Mr. Joyner was treated twice for neck pain. However, his separation...


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