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SIMMONS v. WILKIE

2019-1519.

964 F.3d 1381 (2020)

Richard D. SIMMONS, 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.

Ashley Akers , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Ethan P. Davis , Tara K. Hogan , Robert Edward Kirschman, Jr. , Barbara E. Thomas ; Jonathan Krisch , Y. Ken Lee , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Moore, Clevenger, and Chen, Circuit Judges.

Richard D. Simmons appeals a decision from the U.S. Court of Appeals for Veterans Claims (Veterans Court), affirming the decision of the Board of Veterans' Appeals (Board) denying Mr. Simmons's claim for compensation for a service-connected psychiatric disorder. The Veterans Court held that, even though the Board incorrectly...

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