CARTER v. McDONALD

No. 2014-7122.

794 F.3d 1342 (2015)

Harmon CARTER, Jr., Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 21, 2015.


Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, 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 Joyce R. Branda , Robert E. Kirschman, Jr. ; David J. Barrans , Martie Adelman , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

John Taylor Hebden , Sidley Austin LLP, Washington, DC, for amicus curiae The National Veterans Legal Services Program. Also represented by Eugene R. Elrod.

Before REYNA, PLAGER, and TARANTO, Circuit Judges.


Harmon Carter applied to the Department of Veterans Affairs to reopen an earlier claim for veterans' benefits. After the Board of Veterans' Appeals denied the reopened claim on the merits, Mr. Carter appealed to the Court of Appeals for Veterans Claims, which, by the parties' agreement, remanded to the Board to give Mr. ...

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