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LANGDON v. McDONOUGH

2020-1789.

1 F.4th 1008 (2021)

Robert E. LANGDON, Claimant-Appellant, v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 9, 2021.

Attorney(s) appearing for the Case

Charles Collins-Chase , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for claimant-appellant. Also represented by Kayvon Ghayoumi , Jeanette Roorda .

Mollie Lenore Finnan , 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. , Loren Misha Preheim ; Meghan Alphonso , Brian D. Griffin , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Moore, Chief Judge, Prost and Chen, Circuit Judges.

Robert E. Langdon appeals a final decision of the United States Court of Appeals for Veterans Claims that denied him a higher rating for his service-connected thoracic spine disability. See J.A. 1-12. Because that holding was based on a misinterpretation of the controlling regulations...

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