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FRANCWAY v. WILKIE

2018-2136.

940 F.3d 1304 (2019)

Ernest L. FRANCWAY, Jr., Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 15, 2019.

Attorney(s) appearing for the Case

William H. Milliken , Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for claimant-appellant. Also represented by Michael E. Joffre .

William James Grimaldi , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Joseph H. Hunt , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. ; Lara Eilhardt , Samantha Ann Syverson , Y. Ken Lee , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Footnote 1 of the opinion is joined by Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll, Circuit Judges.

Ernest L. Francway appeals from the Court of Appeals for Veterans Claims' ("Veterans Court's") decision affirming the Board of Veterans' Appeals' ("Board's") denial of Francway's claim for disability compensation. We affirm.

BACKGROUND

Francway served on active duty in the United States Navy from August 1968...

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