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JOHNSON v. SHULKIN

2016-2144.

862 F.3d 1351 (2017)

Paul JOHNSON, Jr., Claimant-Appellee v. David J. SHULKIN, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: July 14, 2017.

Attorney(s) appearing for the Case

DORIS HINES , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for claimant-appellee. Also represented by LAUREN J. DREYER ; BENJAMIN SCHLESINGER , Atlanta, GA; PATRICK AARON BERKSHIRE , BARTON F. STICHMAN , National Veterans Legal Services Program, Washington, DC.

EMMA BOND , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellant. Also represented by BENJAMIN C. MIZER , Robert E. Kirschman, JR. , SCOTT D. AUSTIN ; JONATHAN KRISCH , BRIAN D. GRIFFIN , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Dyk, Bryson, and Chen, Circuit Judges.

The Secretary of Veterans Affairs (Secretary) appeals a decision of the Court of Appeals for Veterans Claims (Veterans Court) holding that Diagnostic Code 7806 under 38 C.F.R. § 4.118 (DC 7806), a diagnostic code for rating disabilities for a skin condition, unambiguously defines a topical corticosteroid treatment as "systemic...

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