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GRAY v. SECRETARY OF VETERANS AFFAIRS

2016-1782 2016-1793.

884 F.3d 1379 (2018)

Robert H. GRAY, Petitioner v. SECRETARY OF VETERANS AFFAIRS, Respondent. Blue Water Navy Vietnam Veterans Association, Petitioner v. Secretary of Veterans Affairs, Respondent.

United States Court of Appeals, Federal Circuit.

March 21, 2018.

Attorney(s) appearing for the Case

ROMAN MARTINEZ , Latham & Watkins LLP, Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for petitioner Robert H. Gray in 2016-1782. Also represented by GRAHAM PHILLIPS , BENJAMIN SNYDER , BLAKE STAFFORD ; SHANNON LYNNE BREWER , Hill & Ponton, P.A., Deland, FL; MICHAEL E. WILDHABER , Veterans Law Office of Michael E. Wildhaber, Washington, DC.

JOHN B. WELLS , Law Office of John B. Wells, Slidell, LA, filed a combined petition for panel rehearing and rehearing en banc for petitioner Blue Water Navy Vietnam Veterans Association in 2016-1793.

ERIC PETER BRUSKIN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, filed a response to the petition for respondent Secretary of Veterans Affairs in 2016-1782 and 2016-1793. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, Jr. , MARTIN F. HOCKEY, JR. ; BRIAN D. GRIFFIN , BRANDON A. JONAS , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

ZACHARY STOLZ , Chisholm Chisholm & Kilpatrick, Providence, RI, for amicus curiae Disabled American Veterans in 2016-1782. Also represented by MEGAN MARIE ELLIS ; CHRISTOPHER J. CLAY , Disabled American Veterans, Cold Spring, KY.

CHRISTINE KHALILI-BORNA CLEMENS , Finkelstein & Partners, LLP, Newburgh, NY, for amici curiae National Organization of Veterans Advocates, Inc., National Veterans Legal Services Program, Military Officers Association of America, National Law School Veterans Clinic Consortium, Veterans of Foreign Wars of the United States, Vietnam Veterans of America in 2016-1782. Also represented by KENNETH M. CARPENTER , Law Offices of Carpenter Chartered, Topeka, KS.

Dyk, Circuit Judge, with whom Newman and Wallach, Circuit Judges, join, dissent from the denial of the petitions for rehearing en banc.

ORDER

Petitioners Robert H. Gray and Blue Water Navy Vietnam Veterans Association each filed separate petitions for panel rehearing and rehearing en banc. Responses to the petitions were invited by the court and filed by the Secretary of Veterans Affairs. The petitions were first referred to the panel that heard the appeals, and thereafter...

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