MURPHY v. WILKIE

2019-2064.

983 F.3d 1313 (2020)

David G. MURPHY, Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: December 21, 2020.


Attorney(s) appearing for the Case

Christian Arthur McTarnaghan , Chisholm Chisholm & Kilpatrick, Providence, RI, argued for claimant-appellant. Also represented by April Donahower , Zachary Stolz , Christopher J. Clay ; Barbara J. Cook , Barbara J. Cook , Attorney at Law, Cincinnati, OH.

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

Before Lourie, Clevenger, and Chen, Circuit Judges.


David G. Murphy, a veteran of the United States Army, appeals a decision from the Court of Appeals for Veterans Claims (Veterans Court) denying his claim for disability benefits. Mr. Murphy argues that the Veterans Court erred in determining that the Board of Veterans' Appeals (Board) lacked jurisdiction over his claim for disability...

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