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COUSIN v. WILKIE

2017-1971.

905 F.3d 1316 (2018)

Willie A. COUSIN, Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 28, 2018.

Attorney(s) appearing for the Case

ANDREW DUFRESNE , Perkins Coie LLP, Madison, WI, argued for claimant-appellant. Also represented by KENNETH M. ALBRIDGE, III , Michael Best & Friedrich, LLP, Madison, WI.

ERIN MURDOCK-PARK , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by CLAUDIA BURKE , ROBERT EDWARD KIRSCHMAN, JR. , CHAD A. READLER ; LARA EILHARDT , BRIAN D. GRIFFIN , JONATHAN KRISCH , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before MOORE, SCHALL, and WALLACH, Circuit Judges.

Willie A. Cousin appeals a decision of the U.S. Court of Appeals for Veterans Claims ("Veterans Court") affirming the decision of the Board of Veterans' Appeals. The Board held that a December 1954 regional office ("RO") rating decision, which denied disability compensation for a back condition, did not contain clear and unmistakable...

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