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PERCIAVALLE v. McDONOUGH

2022-1491.

74 F.4th 1374 (2023)

Rocco V. PERCIAVALLE, Claimant-Appellant, v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 25, 2023.

Attorney(s) appearing for the Case

Cesar Lopez-Morales , Orrick, Herrington & Sutcliffe LLP, Washington, DC, argued for claimant-appellant. Also represented by Melanie L. Bostwick ; Kenneth Dojaquez , Carpenter Chartered, Topeka, KS.

Meen Geu Oh , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , Martin F. Hockey, Jr. , Patricia M. McCarthy ; Brian D. Griffin , Andrew J. Steinberg , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Moore, Chief Judge, Dyk and REYNA, Circuit Judges.

Rocco V. Perciavalle appeals a decision of the Court of Appeals for Veterans Claims ("Veterans Court") affirming the denial of Mr. Perciavalle's claim by the Board of Veterans' Appeals ("Board"). This case involves the question of whether the Veterans Court, having determined that the Board erred in failing to properly interpret...

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