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MERRITT v. WILKIE

2019-1095.

965 F.3d 1357 (2020)

Christina MERRITT, substituted for Douglas A. Merritt, Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 17, 2020.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellant.

Sean Lynden King , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Ethan P. Davis , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. , Rebecca Sarah Kruser ; Christina Lynn Gregg , Brian D. Griffin , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Prost, Chief Judge, Clevenger and Dyk, Circuit Judges.

Douglas A. Merritt, a U.S. Navy veteran and the original claimant in this case, filed an application for service-connected benefits. The Board of Veterans' Appeals ("Board") held that Mr. Merritt had not established entitlement. The United States Court of Appeals for Veterans Claims ("Veterans Court") affirmed, and Mr. Merritt...

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