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ATILANO v. McDONOUGH

2020-1579.

12 F.4th 1375 (2021)

Jesus G. ATILANO, Claimant-Appellant v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 14, 2021.

Attorney(s) appearing for the Case

Sean A. Ravin , Miami, FL, argued for claimant-appellant.

Sosun Bae , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Claudia Burke , Jeffrey B. Clark , Robert Edward Kirschman, Jr. ; Martie Adelman , Y. Ken Lee , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Lourie, Taranto, and Stoll, Circuit Judges.

Jesus G. Atilano appeals the decision of the United States Court of Appeals for Veterans Claims affirming the Board of Veterans' Appeals's decision to treat Mr. Atilano's personal absence from his hearing as a withdrawal of his hearing request. According to the Veterans Court, 38...

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