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BUFFINGTON v. McDONOUGH

2020-1479.

7 F.4th 1361 (2021)

Thomas H. BUFFINGTON, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 6, 2021.

Attorney(s) appearing for the Case

Doris Johnson Hines , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for claimant-appellant. Also represented by Andrea Grace Klock Mills ; Barton F. Stichman , National Veterans Legal Services Program, Washington, DC.

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 , Samantha Ann Syverson , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Richard Abbott Samp , New Civil Liberties Alliance, Washington, DC, for amicus curiae New Civil Liberties Alliance. Also represented by Aditya Dynar .

Dissenting opinion filed by Circuit Judge O'Malley.

Thomas H. Buffington appeals a final decision of the United States Court of Appeals for Veterans Claims. Buffington v. Wilkie, 31 Vet. App. 293 (2019) (Veterans Court Op.). Under 38 C.F.R. § 3.654(b)(2), the Veterans Court denied Mr. Buffington an earlier effective date for recommencement of his disability...

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