Johnson v. McDonald
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court, filed by Circuit Judge MOORE. Concurring opinion filed by Circuit Judge O’MALLEY.
MOORE, Circuit Judge.
Marvin O. Johnson appeals from the decision of the Court of Appeals for Veterans Claims (Veterans Court) denying his request for referral for extra-schedular consideration of his service-connected disabilities. Because the Veterans Court’s interpretation of 38 C.F.R. § 3.321(b)(1), which governs referral for extrá-schedular consideration, contravenes the plain meaning of the regulation, we reverse and remand.
I
When determining compensation for service-connected…
2Cases cited7 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
- Lyle H. Prenzler v. Edward J. Derwinski, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1991
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- Saunders v. WilkieCourt of Appeals for the Federal Circuit · 2018
- Correia v. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
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