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KELLY v. UNITED STATES

2022-1365.

69 F.4th 887 (2023)

Matthew R. KELLY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 30, 2023.

Attorney(s) appearing for the Case

Jason W. Manne , Manne Law Office, Pittsburgh, PA, argued for plaintiff-appellant.

William Porter Rayel , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Brian M. Boynton , Patricia M. McCarthy , Douglas K. Mickle .

Before Newman, Reyna, and Stoll, Circuit Judges.

Matthew R. Kelly appeals from a decision by the United States Court of Federal Claims sustaining a determination by the Board for Correction of Naval Records that denied Mr. Kelly's request for military disability retirement pay. Mr. Kelly served eight years in the U.S. Navy as a diver. In December 2013, he was separated from...

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