SKAAR v. McDONOUGH

2021-1757 2021-1812.

48 F.4th 1323 (2022)

Victor B. SKAAR, Claimant-Cross-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: September 8, 2022.


Attorney(s) appearing for the Case

Caroline Markowitz , Veterans Legal Services Clinic, Jerome N. Frank Legal Services Organization, Yale Law School, New Haven, CT, argued for claimant-cross-appellant. Also represented by Meghan Brooks , Matthew Handley , Adam Henderson , Joshua Herman , Michael Joel Wishnie . Also argued by Anthony Piccirillo , Simpson Thacher & Bartlett LLP, New York, NY. Also represented by Lynn K. Neuner .

Sosun Bae , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellant. Also represented by Brian M. Boynton , Martin F. Hockey, Jr. , Patricia M. McCarthy ; Brian D. Griffin , Jonathan Krisch , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Jonathan D. Selbin , Lieff, Cabraser, Heimann & Bernstein, LLP, New York, NY, for amici curiae Maureen S. Carroll, Zachary Clopton, Brooke D. Coleman, Robin Effron, Maria Glover, Andrew Hammond, Deborah R. Hensler, Helen Hershkoff, Alexandra D. Lahav, Elizabeth G. Porter, Alexander Reinert, Judith Resnik, Michael D. Sant'Ambrogio, Joan E. Steinman, Adam S. Zimmerman. Also represented by Yaman Salahi , Edelson PC, San Francisco, CA.

Doris Johnson Hines , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, for amicus curiae National Veterans Legal Services Program.

Before MOORE, Chief Judge, NEWMAN and HUGHES, Circuit Judges.


United States Air Force veteran Victor B. Skaar was exposed to ionizing radiation while participating in a cleanup operation in Palomares, Spain. Thirty years later, he was diagnosed with leukopenia. He filed a claim with the Department of Veterans Affairs for service-connected benefits, and the Board of Veterans' Appeals...

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