KISOR v. MCDONOUGH , No. 16-1929 (Fed. Cir. 2021)

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This opinion or order relates to an opinion or order originally issued on September 7, 2017.

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Case: 16-1929 Document: 93 Page: 1 Filed: 04/30/2021 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ JAMES L. KISOR, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee ______________________ 2016-1929 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 14-2811, Senior Judge Alan G. Lance, Sr. ______________________ ON PETITION FOR REHEARING ______________________ Before REYNA, SCHALL, and WALLACH, Circuit Judges. PER CURIAM. 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, Case: 16-1929 Document: 93 2 Page: 2 KISOR Filed: 04/30/2021 v. MCDONOUGH 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rehearing is granted to the extent that the previous precedential opinion and judgment issued August 12, 2020, are withdrawn and replaced with the modified precedential opinion and judgment accompanying this order. FOR THE COURT April 30, 2021 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

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