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SKAAR v. McDONOUGH

2021-1757, 2021-1812.

57 F.4th 1015 (2023)

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

United States Court of Appeals, Federal Circuit.

January 17, 2023.

Attorney(s) appearing for the Case

Michael Joel Wishnie , Veterans Legal Services Clinic, Jerome N. Frank Legal Services Organization, Yale Law School, New Haven, CT, for claimant-cross-appellant. Also represented by Meghan Brooks , Nathan Hernandez , Caroline Markowitz , Camilla Reed-Guevara . Also represented by Lynn K. Neuner , Anthony Piccirillo , Simpson Thacher & Bartlett LLP, New York, NY.

Sosun Bae , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, 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.

Dyk, Circuit Judge, with whom Reyna, Stoll, Cunningham, and Stark, Circuit Judges, dissents from the denial of the petition for rehearing en banc.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

ORDER

Victor B. Skaar filed a combined petition for panel rehearing and rehearing en banc. A response to the petition was invited by the court and filed by Denis McDonough. The petition was referred to the panel that heard the appeal, and thereafter the petition for rehearing...

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