Charles J. Raybine v. Denis McDonough, Secretary of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CHARLES J. RAYBINE,
Claimant-Appellant
v.
DENIS MCDONOUGH, SECRETARY OF
VETERANS AFFAIRS,
Respondent-Appellee
______________________
2020-1218
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 18-6117, Judge Joseph L. Falvey,
Jr., Judge Joseph L. Toth, Judge William S. Greenberg.
______________________
ON MOTION
______________________
P ER CURIAM .1
O R D E R
1 Circuit Judge Newman did not participate.
Case: 20-1218 Document: 48 Page: 1 Filed: 09/27/2023

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RAYBINE v. MCDONOUGH 2
Upon consideration of the Secretary’s unopposed mo-
tion to remand the case to the United States Court of Ap-
peals for Veterans Claims,
I T I S O RDERED T HAT :
The motion is granted. The case is remanded to the
United States Court of Appeals for Veterans Claims to re-
consider its decision in light of Taylor v. McDonough, 71
F.4th 909 (Fed. Cir. 2023) (en banc), which held
that when a veteran has been determined to be en-
titled to benefits for one or more disabilities con-
nected to participation in the Edgewood program at
issue, the required effective date of such benefits is
the date that the veteran would have had in the
absence of the challenged government conduct—
imposition of the secrecy oath with no VA route for
claim presentation and proof to vindicate the bene-
fits entitlement.
Taylor, 71 F.4th at 946.
September 27, 2023
Date
F OR THE COURT
Case: 20-1218 Document: 48 Page: 2 Filed: 09/27/2023

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