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WINGARD v. McDONALD

No. 2014-7017.

779 F.3d 1354 (2015)

Lillie M. WINGARD, Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 10, 2015.

Attorney(s) appearing for the Case

Todd M. Wesche , LaVan & Neidenberg, PA, Fort Lauderdale, FL, argued for claimant-appellant.

Martin F. Hockey, Jr. , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Stuart F. Delery , Robert E. Kirschman, Jr. ; Martin James Sendek , David J. Barrans , Office of the General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before MOORE, TARANTO, and CHEN, Circuit Judges.

In the ruling before us, the Court of Appeals for Veterans Claims held that 38 U.S.C. § 7252(b) did not preclude it from reviewing whether the Department of Veterans Affairs complied with statutory constraints on the schedule of disability ratings. The Veterans Court then held that the Department had complied. We hold...

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