KISOR v. MCDONOUGH (2021)

United States Court of Appeals, Federal Circuit.

James L. KISOR, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee

2016-1929

Decided: April 30, 2021

Before Reyna, Schall, and Wallach, Circuit Judges.

Kenneth M. Carpenter, Esq., Attorney, Law Offices of Carpenter Chartered, Topeka, KS, Paul Whitfield Hughes, McDermott, Will & Emery LLP, Washington, DC, for Claimant-Appellant Igor Helman, Martin F. Hockey, Jr., Assistant Director, Robert Edward Kirschman, Jr., Director, Department of Justice, Commercial Litigation Branch, Civil Division, Washington, DC, Jeffrey B. Clark, Assistant Attorney General, U.S. Department of Justice, Environment and Natural Resources Division, Washington, DC, Y. Ken Lee, Deputy Assistant General Counsel, Samantha Ann Syverson, Department of Veterans Affairs, Washington, DC, for Respondent-Appellee Roman Martinez, Attorney, Gregory B. IN Den Berken, Latham & Watkins LLP, Washington, DC, for Amici Curiae American Veterans, National Organization of Veterans' Advocates, Inc., Paralyzed Veterans of America, Veterans of Foreign Wars of the United States, Vietnam Veterans of America

ON PETITION FOR REHEARING

ORDER

James L. Kisor filed a petition for rehearing en banc. A response thereto was invited by the court and was filed by the Secretary of Veterans Affairs. American Veterans, National Organization of Veterans’ Advocates, Inc., Paralyzed Veterans of America, Veterans of Foreign Wars of the United States, and Vietnam Veterans of America requested leave to file a brief as amici curiae which the court granted. Mr. Kisor's petition was presumed to encompass a petition for panel rehearing and was referred to the panel.

Upon consideration thereof, It Is Ordered That:

The petition for panel rehearing is granted to the extent that the previous precedential opinion and judgment issued August 12, 2020, are withdrawn and replaced with the modified precedential opinion and judgment accompanying this order.

Per Curiam.

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