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DIXON v. McDONALD

No. 2015-7051.

815 F.3d 799 (2016)

Karen DIXON, Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 9, 2016.

Attorney(s) appearing for the Case

Holly Elizabeth Sterrett , Arnold & Porter, LLP, Denver, CO, argued for claimant-appellant. Also represented by Thomas W. Stoever, Jr .

Alexander V. Sverdlov , 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. ; Y. Ken Lee , Martin J. Sendek , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before NEWMAN, CHEN, and STOLL, Circuit Judges.

Karen Dixon, recently substituted as appellant for her deceased husband Donald Dixon, appeals a decision by the Court of Appeals for Veterans Claims (Veterans Court) dismissing her appeal based on a non jurisdictional timeliness defense that Robert McDonald, Secretary of Veterans Affairs (the Secretary) waived. Because the Veterans...

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