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MARTIN v. O'ROURKE

Nos. 2017-1747, 2017-1761, 2017-1768, 2017-1771, 2017-1772, 2017-1774, 2017-1780 2017-1862, 2017-1967.

891 F.3d 1338 (2018)

John MARTIN, Claimant-Appellant v. Peter O'ROURKE, Acting Secretary of Veterans Affairs, Respondent-Appellee William Rhodes, Claimant-Appellant v. Peter O'Rourke, Acting Secretary of Veterans Affairs, Respondent-Appellee Eugenia Mote, Claimant-Appellant v. Peter O'Rourke, Acting Secretary of Veterans Affairs, Respondent-Appellee Thomas Meissgeier, Claimant-Appellant v. Peter O'Rourke, Acting Secretary of Veterans Affairs, Respondent-Appellee Hugh D. Matthews, Claimant-Appellant v. Peter O'Rourke, Acting Secretary of Veterans Affairs, Respondent-Appellee Betty D. Scyphers, Claimant-Appellant v. Peter O'Rourke, Acting Secretary of Veterans Affairs, Respondent-Appellee Sarah Aktepy, Claimant-Appellant v. Peter O'Rourke, Acting Secretary of Veterans Affairs, Respondent-Appellee Frantz M. Jean, Claimant-Appellant v. Peter O'Rourke, Acting Secretary of Veterans Affairs, Respondent-Appellee Marvin Myers, Claimant-Appellant v. Peter O'Rourke, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 7, 2018.

Attorney(s) appearing for the Case

JOHN AUBREY CHANDLER, King & Spalding LLP, Atlanta, GA, argued for claimants-appellants. Also represented by ELIZABETH VRANICAR TANIS; CHRISTOPHER ROBERT HEALY, Washington, DC; THOMAS G. HENTOFF, LIAM JAMES MONTGOMERY, STEPHEN RABER, Williams & Connolly LLP, Washington, DC.

ALEXANDER ORLANDO CANIZARES, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by CHAD A. READLER, ROBERT E. KIRSCHMAN, JR., MARTIN F. HOCKEY, JR.; BRIAN D. GRIFFIN, JONATHAN KRISCH, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Concurring opinion filed by Circuit Judge Moore.

The nine individual appellants in this consolidated appeal are veterans or spouses of veterans who have appealed the Department of Veterans Affairs' ("VA") denial of their claims for service-connected disability benefits. Based on delays that have occurred in each of their cases, Appellants petitioned for writs of mandamus, asking...

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