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DERMARK v. McDONOUGH

2021-2225.

57 F.4th 1374 (2023)

Peter Van DERMARK, Claimant-Appellant v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: January 23, 2023.

Attorney(s) appearing for the Case

Thomas Saunders , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, argued for claimant-appellant. Also represented by Dominick Hurley , Los Angeles, CA.

Matthew Jude Carhart , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Michael Granston , Rebecca Sarah Kruser , Patricia M. McCarthy , Loren Misha Preheim ; Alexandra Rigby , Bryan Thompson , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Dyk, Taranto, and Stark, Circuit Judges.

Peter Van Dermark is a veteran with a service-connected disability recognized by the Department of Veterans Affairs (VA). While abroad, he received medical treatment from a non-VA source for conditions not derived from that disability. By assumption here, the treatment was emergency treatment. Mr. Van Dermark filed claims...

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