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COGBURN v. McDONALD

No. 2014-7130.

809 F.3d 1232 (2016)

Dennis W. COGBURN, Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 7, 2016.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellant.

Loren Misha Preheim , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Benjamin C. Mizer , Robert E. Kirschman, Jr. , Martin F. Hockey, Jr. ; David J. Barrans , Amanda Blackmon , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before PROST, Chief Judge, DYK and HUGHES, Circuit Judges.

Dennis W. Cogburn appeals from a final judgment of the United States Court of Appeals for Veterans Claims affirming a Board of Veterans' Appeals decision, which found that both formally and informally raised claims were implicitly denied in a 1985 Board decision. Because the implicit...

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