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KENNEDY v. McDONOUGH

2021-1798.

33 F.4th 1339 (2022)

Florence KENNEDY, Claimant-Appellant, v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 11, 2022.

Attorney(s) appearing for the Case

Amy F. Odom , Chisholm Chisholm & Kilpatrick, Providence, RI, argued for claimant-appellant. Also represented by Barbara J. Cook , Zachary Stolz ; Megan Brittney Hall , Disabled American Veterans, Cold Spring, KY.

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 , Eric P. Bruskin , Martin F. Hockey, Jr. ; Y. Ken Lee , Derek Scadden , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Dissenting opinion filed by Circuit Judge Newman.

Florence Kennedy appeals the judgment of the United States Court of Appeals for Veterans Claims affirming the Board of Veterans' Appeals' decision denying her request for an earlier effective date for Dependency and Indemnity Compensation (DIC) under 38 C.F.R. § 3.114. Because Mrs. Kennedy forfeited her regulatory interpretation...

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