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GARVEY v. WILKIE

2020-1128.

972 F.3d 1333 (2020)

Diana GARVEY, Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 27, 2020.

Attorney(s) appearing for the Case

Robert C. Brown, Jr. , Norman, OK, for claimant-appellant.

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

Before Lourie, Schall, and Dyk, Circuit Judges.

Diana Garvey is the widow of John P. Garvey. Mr. Garvey served in the Army from 1966 to 1970. Mrs. Garvey sought dependency and indemnity compensation and death pension benefits on the basis of Mr. Garvey's Army service. The Department of Veterans Affairs ("VA") denied Mrs. Garvey's claim because Mr. Garvey was discharged from...

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