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BEAUDETTE v. McDONOUGH

2022-1264.

93 F.4th 1361 (2024)

Jeremy BEAUDETTE, Maya Beaudette, Claimants-Appellees v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: February 27, 2024.

Attorney(s) appearing for the Case

Igor Victor Timofeyev , Paul Hastings LLP, Washington, DC, argued for claimants-appellees. Also represented by Renee A. Burbank , Barton Frank Stichman , I, National Veterans Legal Services Program, Arlington, VA; Michael J. Fisher , Miller Barondess, LLP, Los Angeles, CA.

Sosun Bae , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellant. Also represented by Brian M. Boynton , Claudia Burke , Patricia M. McCarthy ; Jane Rothstein , Bryan Thompson , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Morgan MacIsaac-Bykowski, Veterans Law Institute, Stetson University College of Law, Gulfport, FL, for amicus curiae National Law School Veterans Clinic Consortium.

Alec Umberto Ghezzi, Veterans' Voice of America, Silver Spring, MD, for amicus curiae Vietnam Veterans of America.

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

The Secretary of Veterans Affairs (Secretary) appeals from a decision of the United States Court of Appeals for Veterans Claims (Veterans Court) granting a petition for a writ of mandamus permitting the Board of Veterans' Appeals (Board) to hear appeals of adverse decisions rendered under the Program of Comprehensive Assistance...

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