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WEBB v. McDONOUGH

2022-1243.

71 F.4th 1377 (2023)

John W. WEBB, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 29, 2023.

Attorney(s) appearing for the Case

Jennifer Tracy Shannon Healy , Veterans Legal Advocacy Group, Arlington, VA, argued for claimant-appellant. Also represented by Harold Hamilton Hoffman, III , Megan Eileen Hoffman .

Andrew James Hunter , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , Deborah Ann Bynum , Patricia M. McCarthy ; Amanda Blackmon , Brian D. Griffin , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Taranto, Chen, and Stoll, Circuit Judges.

Some veterans have service-connected conditions that are not listed in the Department of Veterans Affairs' (VA) Schedule of Disability Ratings. In those circumstances, the VA can choose an appropriate disability rating for the veteran's unlisted condition by analogizing it to a listed one. This appeal involves the framework...

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