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GAZELLE v. SHULKIN

2016-1932.

868 F.3d 1006 (2017)

Frederick C. GAZELLE, Claimant-Appellant v. David J. SHULKIN, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 22, 2017.

Attorney(s) appearing for the Case

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

COURTNEY D. ENLOW , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by SCOTT D. AUSTIN , ROBERT E. KIRSCHMAN, JR. , BENJAMIN C. MIZER ; MARTIE ADELMAN , BRIAN D. GRIFFIN , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before PROST, Chief Judge, O'Malley and Wallach, Circuit Judges.

Appellant Frederick C. Gazelle appeals the decision of the U.S. Court of Appeals for Veterans Claims ("Veterans Court"), which affirmed the Board of Veterans' Appeals ("Board") decision denying entitlement to special monthly compensation under 38 U.S.C. § 1114(s)(1) (2012). See Gazelle v. McDonald, 27 Vet.App...

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