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GURLEY v. McDONOUGH

2021-1490.

23 F.4th 1353 (2022)

Randolph S. GURLEY, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: January 20, 2022.

Attorney(s) appearing for the Case

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

Joshua E. Kurland , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , Claudia Burke , Martin F. Hockey, Jr. ; Y. Ken Lee , Bryan Thompson , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Taranto, Bryson, and Stoll, Circuit Judges.

After beginning to receive veterans' disability compensation benefits, Randolph S. Gurley was incarcerated for a felony for a short period. Not knowing of the incarceration until it ended, the Department of Veterans Affairs (VA) paid Mr. Gurley's full benefits during the period, even though 38 U.S.C. § 5313 prescribes...

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