LARSON v. McDONOUGH

2020-1647.

10 F.4th 1325 (2021)

Gary R. LARSON, Jr., Claimant-Appellant v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 26, 2021.


Attorney(s) appearing for the Case

Chris Attig , Attig Steel, PLLC, Little Rock, AR, argued for claimant-appellant.

Robert R. Kiepura , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , Martin F. Hockey, Jr. , Elizabeth Marie Hosford , Eric John Singley ; Jonathan Krisch , Y. Ken Lee , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Cheryl Zak Lardieri , Perkins Coie LLP, Washington, DC, for amici curiae National Veterans Services Program, National Organization of Veterans' Advocates, Inc. Also represented by Alexander O. Canizares , Betselot Zeleke ; John D. Niles , Carpenter Chartered, Topeka, KS; Barton F. Stichman , National Veterans Legal Services Program, Washington, DC.

Before Newman, Reyna, and Hughes, Circuit Judges.


Gary R. Larson, Jr. appeals the decision of the Veterans Court holding that it lacked jurisdiction to review a Board determination of what constitutes a disability under 38 U.S.C. § 1110. Because this court has previously held that the Veterans Court has jurisdiction to review a Board determination that a claimed condition...

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