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PROCOPIO v. WILKIE

2017-1821.

913 F.3d 1371 (2019)

Alfred PROCOPIO, Jr., Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: January 29, 2019.

Attorney(s) appearing for the Case

MELANIE L. BOSTWICK , Orrick, Herrington & Sutcliffe LLP, Washington, DC, argued for claimant-appellant. Also represented by THOMAS MARK BONDY , ROBERT MANHAS ; MATTHEW R. SHAHABIAN , New York, NY; JOHN B. WELLS , Law Office of John B. Wells, Slidell, LA.

ERIC PETER BRUSKIN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by JOSEPH H. HUNT , 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.

CATHERINE EMILY STETSON , Hogan Lovells US LLP, Washington, DC, for amici curiae National Organization of Veterans' Advocates, Inc., Paralyzed Veterans of America, Military Officers Association of America, AMVETS, Veterans and Military Law Section, Federal Bar Association. Also represented by WILLIAM DAVID MAXWELL . Amicus curiae National Organization of Veterans' Advocates, Inc. also represented by CHRIS ATTIG , Attig Steel, PLLC, Little Rock, AR.

KENNETH M. CARPENTER , Law Offices of Carpenter Chartered, Topeka, KS, for amicus curiae Joseph A. Taina .

GLENN R. BERGMANN , Bergmann Moore, LLC, Bethesda, MD, for amicus curiae The American Legion. Also represented by JAMES DANIEL RIDGWAY .

ANGELA K. DRAKE , The Veterans Clinic at The University of Missouri School of Law, Columbia, MO, for amicus curiae National Law School Veterans Clinic Consortium.

DORIS HINES , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, for amicus curiae Disabled American Veterans. Also represented by CHARLES COLLINS-CHASE , SEAN DAMON , RONALD LEE SMITH .

STANLEY JOSEPH PANIKOWSKI, III , DLA Piper LLP (US), San Diego, CA, for amici curiae Blue Water Navy Vietnam Veterans Association, Association of the United States Navy, Fleet Reserve Association. Also represented by JACOB ANDERSON , ERIN GIBSON .

STEPHEN BLAKE KINNAIRD , Paul Hastings LLP, Washington, DC, for amici curiae National Veterans Legal Services Program, Veterans of Foreign Wars of the United States. Amicus curiae National Veterans Legal Services Program also represented by BARTON F. STICHMAN , National Veterans Legal Services Program, Washington, DC.

Dissenting opinion filed by Circuit Judge Chen, in which Circuit Judge Dyk joins.

Alfred Procopio, Jr., appeals a decision of the Court of Appeals for Veterans Claims denying service connection for prostate cancer and diabetes mellitus as a result of exposure to an herbicide agent, Agent Orange, during his Vietnam Warera service in the United States Navy. Because we hold that the unambiguous language of...

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