From Casetext: Smarter Legal Research

Lynch v. McDonough

United States Court of Appeals, Federal Circuit
Dec 17, 2021
No. 2020-2067 (Fed. Cir. Dec. 17, 2021)

Opinion

2020-2067

12-17-2021

JOE A. LYNCH, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee


This order is nonprecedential.

Appeal from the United States Court of Appeals for Veterans Claims in No. 19-3106, Senior Judge Mary J. Schoelen.

Before MOORE, Chief Judge, NEWMAN, LOURIE, CLEVENGER , DYK, PROST, O'MALLEY, REYNA, TARANTO, CHEN, HUGHES, STOLL, and CUNNINGHAM, Circuit Judges.

Circuit Judge Clevenger participated only in the decision on the petition for panel rehearing.

ON PETITION FOR REHEARING EN BANC

ORDER

PER CURIAM.

Joe A. Lynch filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by the Secretary of Veterans Affairs. The court also accepted an amicus brief filed by Military-Veterans Advocacy Inc. The petition was first referred as a petition for panel rehearing to the panel that heard the appeal, and thereafter the petition for rehearing en banc was referred to the circuit judges who are in regular active service. A poll was requested and taken, and the court decided that the appeal warranted en banc consideration.

Upon consideration thereof, IT IS ORDERED THAT:

(1) The petition for panel rehearing is denied.
(2) The petition for rehearing en banc is granted for the limited purpose of addressing Ortiz v. Principi, 274 F.3d 1361 (Fed. Cir. 2001).
(3) The panel's judgment and original opinion entered on June 3, 2021, are vacated and replaced with the accompanying revised opinion, concurrence-in-part and dissentin-part, and judgment.


Summaries of

Lynch v. McDonough

United States Court of Appeals, Federal Circuit
Dec 17, 2021
No. 2020-2067 (Fed. Cir. Dec. 17, 2021)
Case details for

Lynch v. McDonough

Case Details

Full title:JOE A. LYNCH, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS…

Court:United States Court of Appeals, Federal Circuit

Date published: Dec 17, 2021

Citations

No. 2020-2067 (Fed. Cir. Dec. 17, 2021)