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Excerpt from decision below:
“We now issue this reconsidered decision in place of our March 2019 decision and hold, as we did previously, that § 20.1304(a) does not apply to appeals returned to the Board by the AOJ following a Board remand.”
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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 16-3988
HAL H. WILLIAMS, APPELLANT,
V.
ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE.
On Appeal from the Board of Veterans’ Appeals
(Argued October 23, 2018 Decided September 13, 2019)
Meghan Gentile, with whom Katie K. Molter, was on the brief, all of Arlington, Virginia, for the appellant. Timothy G. Joseph, with whom James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; Selket N. Cottle, Deputy Chief Counsel; and Lindsay J. Gower, Appellate Attorney, were on the brief, all of Washington, D.C., for the appellee.
Before BARTLEY, TOTH, and FALVEY, Judges.
BARTLEY, Judge: Veteran Hal H. Williams appeals through counsel an August 26, 2016, Board of Veterans’ Appeals (Board) decision finding no clear and unmistakable error (CUE) in a January 1970 rating decision that denied service connection for residuals of a left knee injury; and denying an effective date earlier than May 18, 2009, for the grant of service connection for degenerative joint disease (DJD) of the left knee. Record (R.) at 2-11. 1
This appeal, over which the Court has jurisdiction pursuant to 38 U.S.C. §§ 7252(a) and 7266(a), was referred to a panel of
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Williams v. Wilkie, No. 16-3988(Argued October 23, 2018 Decided September 13, 2019); § 20.1304(a) does not apply to appeals returned to the Board by the AOJ following a Board remand;
Excerpt from decision below: "We now issue this reconsidered decision in place of our March 2019 decision and hold, as we did previously, that § 20.1304(a) does not apply to appeals returned to the Board by the AOJ following a Board remand." ========================= UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No.
