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BRELAND v. McDONOUGH

2020-2199.

22 F.4th 1347 (2022)

Willis E. BRELAND, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Filed: January 11, 2022.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellant.

Galina I. Fomenkova , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , Elizabeth Marie Hosford , Robert Edward Kirschman, Jr. ; Amanda Blackmon , Brian D. Griffin , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Dissenting opinion filed by Circuit Judge O'Malley.

Willis E. Breland appeals the decision of the United States Court of Appeals for Veterans Claims affirming the decision by the Board of Veterans' Appeals denying his request for a 100% disability rating for tongue cancer under 38 C.F.R. § 4.114, Diagnostic Code 7343 for two periods of time—totaling nearly ten years...

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