THOMPSON v. McDONALD

No. 2015-7017.

815 F.3d 781 (2016)

Wade THOMPSON, Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 8, 2016.


Attorney(s) appearing for the Case

James R. Barney , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for claimant-appellant. Also represented by Cara R. Lasswell , Ronald Lee Smith .

William James Grimaldi , 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. , Eric Peter Bruskin ; David J. Barrans , Martie Adelman , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Christy G. Lea , Knobbe, Martens, Olson & Bear, LLP, Irvine, CA, for amicus curiae Disabled American Veterans. Also represented by Zachary Glantz .

Before NEWMAN, PLAGER, and REYNA, Circuit Judges.


This is a veterans case. Wade G. Thompson appeals a judgment of the Court of Appeals for Veterans Claims ("Veterans Court"). The Veterans Court affirmed a decision of the Board of Veterans' Appeals ("Board") denying Thompson a disability rating in excess of 20% for degenerative disc disease of the lumbar spine prior to March...

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