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COOK v. WILKIE

2017-2181.

908 F.3d 813 (2018)

Warren B. COOK, Claimant-Appellee v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: November 13, 2018.

Attorney(s) appearing for the Case

KENNETH M. CARPENTER , Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellee. Also represented by FRANCIS M. JACKSON , Jackson & MacNichol, South Portland, ME.

BARBARA E. THOMAS , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellant. Also represented by CLAUDIA BURKE , ROBERT EDWARD KIRSCHMAN, JR. , JOSEPH H. HUNT ; BRIAN D. GRIFFIN , BRANDON A. JONAS , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

JOHN D. NILES , Covington & Burling LLP, Washington, DC, argued for amicus curiae National Association of Veterans' Advocates, Inc. Also represented by, EINAR STOLE ; MARK RYAN LIPPMAN , The Veterans Law Group, La Jolla, CA.

Before Newman, Lourie, and Clevenger, Circuit Judges.

The Secretary of Veterans Affairs ("the Secretary" or "VA") appeals from the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") vacating the decision of the Board of Veterans' Appeals ("Board") and remanding for the Board to grant Appellee Warren B. Cook an additional hearing. Cook v....

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