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BELL v. McDONOUGH

2022-1670.

85 F.4th 1383 (2023)

Joseph A. BELL, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 7, 2023.

Attorney(s) appearing for the Case

James Myers Morton , Morton & Morton, PLLC, Knoxville, TN, argued for claimant-appellant.

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 , Patricia M. McCarthy , Loren Misha Preheim ; Evan Scott Grant , Brian D. Griffin , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Reyna, Hughes, and Stark, Circuit Judges.

Joseph A. Bell appeals a decision from the Court of Appeals for Veterans Claims, affirming the Board of Veterans' Appeals decision denying entitlement to an extra-schedular rating for his lumbar spine injury. Because the regulation authorizing the Director of Compensation Service to approve an extra-schedular rating does not...

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