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GUMPENBERGER v. WILKIE

2019-1904.

973 F.3d 1379 (2020)

Allen GUMPENBERGER, Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 1, 2020.

Attorney(s) appearing for the Case

Kenneth Dojaquez , Carpenter Chartered, Topeka, KS, for claimant-appellant.

Shari A. Rose , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for respondent-appellee. Also represented by Ethan P. Davis , Elizabeth Marie Hosford , Robert Edward Kirschman, Jr. ; Christa A. Shriber , Jonathan Krisch , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Moore, Linn, and Chen, Circuit Judges.

Edward G. Graham, a veteran, has been receiving monthly disability compensation benefits from the Department of Veterans Affairs (VA) since December 2001. In 2009, however, the VA determined that it had overpaid Mr. Graham $199,158.70. To collect on that overpayment, the VA began withholding a portion of Mr. Graham's monthly...

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