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FRAZIER v. McDONOUGH

2022-1184.

66 F.4th 1353 (2023)

Jeanine FRAZIER, Plaintiff-Appellant v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 5, 2023.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, argued for plaintiff-appellant.

Joshua E. Kurland , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , Claudia Burke , Patricia M. McCarthy ; Amanda Blackmon , Brian D. Griffin , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Concurring opinion filed by Circuit Judge Dyk.

Appellant Jeanine Frazier brought this appeal as a substituted appellant for her deceased father, Clarence Frazier, a veteran. She is seeking accrued benefits that she claims were due to Mr. Frazier. She challenges the decision of the Court of Appeals for Veterans Claims ("the Veterans...

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