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SELLERS v. WILKIE

2019-1769.

965 F.3d 1328 (2020)

Robert M. SELLERS, Claimant-Appellee v. Robert L. WILKIE, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: July 15, 2020.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellee. Also represented by John F. Cameron , Montgomery, AL.

David Pehlke , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellant. Also represented by Ethan P. Davis , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. ; Brian D. Griffin , Jonathan Krisch , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Benjamin C. Block , Covington & Burling LLP, Washington, DC, for amici curiae National Organization of Veterans' Advocates, Inc., National Veterans Legal Services Program. Also represented by Isaac Chaim Belfer , Frank Craig Broomell, Jr. , Jeffrey Huberman . Amicus curiae National Veterans Legal Services Program also represented by John D. Niles , Barton F. Stichman , National Veterans Legal Services Program, Washington, DC.

Before Dyk, Clevenger, and Hughes, Circuit Judges.

Robert M. Sellers served honorably in the U.S. Navy from April 1964 until February 1968, and in the U.S. Army from January 1981 to February 1996. Mr. Sellers currently suffers from major depressive disorder ("MDD"). As a practical matter, this case involves Mr. Sellers' attempt to establish an earlier effective date than...

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