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MONK v. WILKIE

2019-1094.

978 F.3d 1273 (2020)

Conley F. MONK, Jr., James Briggs, Tom Coyne, William Dolphin, Jimmie Hudson, Lyle Obie, Stanley Stokes, William Jerome Wood, II, Petitioners-Appellants v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 20, 2020.

Attorney(s) appearing for the Case

Lynn K. Neuner , Simpson Thacher & Bartlett, LLP, New York, NY, argued for petitioners-appellants. Also argued by Arjun Mody , Jerome N. Frank Legal Services Organization, Yale Law School, New Haven, CT. Also represented by Michael Joel Wishnie , Jade Ford , Renee A. Burbank .

Martin F. Hockey, Jr. , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Jeffrey B. Clark , Robert Edward Kirschman, Jr. ; Brian D. Griffin , Jonathan Krisch , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Benjamin C. Block , Covington & Burling LLP, Washington, DC, for amicus curiae National Veterans Legal Services Program. Also represented by Isaac Chaim Belfer , Pooja Shah Kothari , Robert Tyler Sanborn ; Jordan Joachim , New York, NY; Barton F. Stichman , National Veterans Legal Services Program, Washington, DC.

Jonathan Freiman , Wiggin and Dana LLP, New Haven, CT, for amici curiae Will A. Gunn, Mary Lou Keener.

Jason L. Lichtman , Lieff Cabraser Heimann & Bernstein, LLP, New York, NY, for amici curiae Pamela Bookman, Maureen Carroll, Sergio J. Campos, Brooke Coleman, Robin Effron, Deborah Hensler, Helen Hershkoff, Alexandra D. Lahav, David Marcus, Jerry L. Mashaw, Elizabeth G. Porter, Briana Rosenbaum, Judith Resnik, Michael D. Sant'Ambrogio, Elizabeth M. Schneider, Joanna C. Schwartz, Shirin Sinnar, Adam Zimmerman.

Angela K. Drake , Veterans Clinic, University of Missouri School of Law, Columbia, MO, for amicus curiae National Law School Veterans Clinic Consortium. Also represented by Stacey-Rae Simcox , Faculty Office, Stetson University College of Law, Gulfport, FL.

Additional views filed by Circuit Judge Reyna.

Petitioners Conley F. Monk, Jr. and seven other veterans petitioned the United States Court of Appeals for Veterans Claims ("Veterans Court"), requesting class action certification for the class of veterans whose disability claims had not been resolved by the Board of Veterans Appeals ("BVA" or "Board") within one year of...

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