Joe A. Lynch v. Denis McDonough, Secretary of Veterans Affairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JOE A. LYNCH,
Claimant-Appellant
v.
DENIS MCDONOUGH, SECRETARY OF
VETERANS AFFAIRS,
Respondent-Appellee
______________________
2020-2067
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 19-3106, Senior Judge Mary J.
Schoelen.
______________________
ON PETITION FOR REHEARING EN BANC
______________________
Before M OORE, Chief Judge, N EWMAN, L OURIE,
CLEVENGER*, D YK, P ROST , O’MALLEY , REYNA, T ARANTO,
CHEN, HUGHES , STOLL , and CUNNINGHAM , Circuit Judges.
* Circuit Judge Clevenger participated only in the
decision on the petition for panel rehearing.
Case: 20-2067 Document: 64 Page: 1 Filed: 12/17/2021

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LYNCH v. MCDONOUGH 2
P ER CURIAM .
O R D E R
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 ac-
cepted 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 thereaf-
ter 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,
I T I S O RDERED T HAT :
(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 accom-
panying revised opinion, concurrence-in-part and dissent-
in-part, and judgment.
December 17, 2021
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 20-2067 Document: 64 Page: 2 Filed: 12/17/2021

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