TADLOCK v. McDONOUGH

2020-1762.

5 F.4th 1327 (2021)

Howard L. TADLOCK, Jr., Claimant-Appellant v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 15, 2021.


Attorney(s) appearing for the Case

Carl Richard Hennies , Quinn Emanuel Urquhart & Sullivan, LLP, Houston, TX, argued for claimant-appellant. Also represented by William Adams , Matthew A. Traupman , New York, NY.

Reta Emma Bezak , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Jeffrey B. Clark , Tara K. Hogan , Robert Edward Kirschman, Jr. ; Brian D. Griffin , Derek Scadden , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Newman, Linn, and Chen, Circuit Judges.


This case presents the question of whether and to what extent the United States Court of Appeals for Veterans Claims ("Veterans Court") may make findings of fact in the course of considering whether an error of the Board of Veterans Appeals ("Board") was prejudicial. Because the Veterans Court's jurisdiction to consider prejudicial...

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