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NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
MICHAEL E. HOPE, Claimant-Appellant v. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee
Appeal from the United States Court of Appeals for Veterans Claims in No. 17-3167, Judge Joseph L. Toth.
__________ Decided: April 13, 2020 __________
J. BRYAN JONES, III, Lake Charles, LA, for claimant-ap-pellant. ERIN MURDOCK-PARK, Commercial Litigation Branch, Civil Division, United States Department of Justice, Wash-ington, DC, for respondent-appellee. Also represented by JOSEPH H. HUNT, ROBERT EDWARD KIRSCHMAN, JR., LOREN MISHA PREHEIM; CHRISTINA LYNN GREGG, Y. KEN LEE, DEREK SCADDEN, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC. Case: 19-1702 Document: 51 Page: 1 Filed: 04/13/2020
2 HOPE v. WILKIE
Before NEWMAN, O’MALLEY, and TARANTO, Circuit Judges.
TARANTO, Circuit Judge.
Michael Hope served in the United States Army. In 2008, he filed an application with the Department of Veterans Affairs (VA) for disability benefits based on a back condition and a kidney condition. The VA’s Board of Veterans’ Appeals denied benefits. Although it found that Mr. Hope had been diagnosed with both disability-causing conditions, it found that neither condition was incurred in or caused or aggravated by his military service. The Court of Appeals for Veterans Claims (Veterans Court) affirmed. Hope v. Wilkie, No. 17-3167, 2019 WL 360003 (Vet. App. Jan. 30, 2019).
On appeal, Mr. Hope presents a single legal question—which records count, as a matter of law, in applying an exclusion from a presumption of preservice physical soundness set
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FedCir.; 38 U.S.C. § 1111; "presumption of sound condition" operates to ease the veteran's evidentiary burden on "the second element required to establish a right to disability compensation-the showing of in-service incurrence or aggravation of a disease or injury." Holton v. Shinseki, 557 F.3d 1362, 1367 (Fed. Cir. 2009);
NOTE: This disposition is nonprecedential.United States Court of Appeals for the Federal Circuit MICHAEL E. HOPE, Claimant-Appellant v. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2019-1702 Appeal from the United States Court of Appeals for Veterans Claims in No. 17-3167, Judge Joseph L. Toth.__________ Decided: April 13, 2020 __________J.