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LONG v. McDONOUGH

2021-1669.

38 F.4th 1063 (2022)

Walter G. LONG, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 29, 2022.

Attorney(s) appearing for the Case

April Donahower , 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.

Meen Geu Oh , 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. , Loren Misha Preheim ; Brian D. Griffin , Andrew J. Steinberg , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Dissenting opinion filed by Circuit Judge Bryson.

Walter Long appeals a decision of the Court of Appeals for Veterans Claims affirming the Board of Veterans' Appeals denial of an extra-schedular rating for Mr. Long's bilateral hearing loss. Long v. Wilkie, 33 Vet. App. 167 (2020) (en banc). For the following reasons, we vacate and remand.

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