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KISOR v. WILKIE

2016-1929.

969 F.3d 1333 (2020)

James L. KISOR, Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 12, 2020.

Attorney(s) appearing for the Case

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

Igor Helman , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Ethan P. Davis , Robert Edward Kirschman, Jr. , Martin F. Hockey, Jr. ; Y. Ken Lee , Samantha Ann Syverson , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Dissenting opinion filed by Circuit Judge Reyna.

INTRODUCTION AND DECISION

In Kisor v. Shulkin, 869 F.3d 1360 (Fed. Cir. 2017) ("Kisor I"), we affirmed the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") in Kisor v. McDonald, No. 14-2811,

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