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McKINNEY v. McDONALD

No. 2014-7093.

796 F.3d 1377 (2015)

Michael L. McKINNEY, The National Veterans Legal Services Program, The Military Order of the Purple Heart, Vietnam Veterans of America, The American Legion, Petitioners v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent.

United States Court of Appeals, Federal Circuit.

August 11, 2015.

Attorney(s) appearing for the Case

Danielle Christine Doremus , Paul Hastings LLP, San Francisco, CA, argued for petitioners. Also represented by Stephen Blake Kinnaird , Washington, DC; Patrick Aaron Berkshire , Barton F. Stichman , National Veterans Legal Services Program, Washington, DC.

Martin F. Hockey, Jr. , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Joyce R. Branda , Robert E. Kirschman, Jr. ; Martie Adelman , David J. Barrans , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before: O'MALLEY and WALLACH, Circuit Judges, and GILSTRAP, District Judge.

Michael L. McKinney, National Veterans Legal Services Program, Military Order of the Purple Heart, Vietnam Veterans of America, and The American Legion (collectively, "Petitioners") petition this court under 38 U.S.C. § 502 to review the effective date that the Department of Veterans Affairs ("VA") assigned to 38 C...

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