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SMITH v. McDONOUGH

No. 2023-1378.

THOMAS SMITH, THROUGH THE REPRESENTATIVE OF HIS ESTATE, KAREN HICKS, Claimant-Appellant, v. DENIS McDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 28, 2024.

Attorney(s) appearing for the Case

JEFFREY N. MARTIN, Hunton Andrews Kurth LLP, Washington, DC, argued for claimant-appellant.

EMMA EATON BOND, 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; Y. KEN LEE, SAMANTHA ANN SYVERSON, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before PROST, SCHALL, and HUGHES,

Claimant-Appellant Karen Hicks is the adult daughter of Thomas Smith, a veteran who died during the pendency of his appeal before the United States Court of Appeals for Veterans Claims. Ms. Hicks sought substitution at the Veterans Court on her own behalf or on behalf of Mr. Smith's estate. The Veterans Court denied the motion...

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