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STINSON v. McDONOUGH

2023-1090.

92 F.4th 1355 (2024)

Robert L. STINSON, Claimant-Appellant v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 15, 2024.

Attorney(s) appearing for the Case

Thomas E.F. Strong , Veterans Legal Advocacy Group, Arlington, VA, argued for claimant-appellant. Also represented by Harold Hamilton Hoffman, III .

Matthew Jude Carhart , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Ashley Akers , Brian M. Boynton , Martin F. Hockey, Jr. , Patricia M. McCarthy ; Brian D. Griffin , Jonathan Krisch , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Dyk, Reyna, and Stark, Circuit Judges.

This is an appeal from the U.S. Court of Appeals for Veterans Claims, affirming the Board of Veterans' Appeals' denial of Mr. Robert Stinson's request for service connection for his blastic plasmacytoid dendritic cell neoplasm. Because the Veterans Court impermissibly found facts in the first instance when reviewing the Board...

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