United States Court of Appeals for the Federal Circuit ______________________ ALFRED PROCOPIO, JR., Claimant-Appellant v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee ______________________ 2017-1821 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 15-4082, Judge Coral Wong Pietsch. ______________________ Decided: January 29, 2019 ______________________ MELANIE L. BOSTWICK, Orrick, Herrington & Sutcliffe LLP, Washington, DC, argued for claimant-appellant. Also represented by THOMAS MARK BONDY, ROBERT MANHAS; MATTHEW R. SHAHABIAN, New York, NY; JOHN B. WELLS, Law Office of John B. Wells, Slidell, LA. ERIC PETER BRUSKIN, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by JOSEPH H. HUNT, ROBERT E. KIRSCHMAN, JR., MARTIN F. HOCKEY, JR.; BRIAN D. GRIFFIN, BRANDON 2 PROCOPIO v. WILKIE A. JONAS, Office of General Counsel, United States De- partment of Veterans Affairs, Washington, DC. CATHERINE EMILY STETSON, Hogan Lovells US LLP, Washington, DC, for amici curiae National Organization of Veterans' Advocates, Inc., Paralyzed Veterans of Amer- ica, Military Officers Association of America, AMVETS, Veterans and Military Law Section, Federal Bar Associa- tion. Also represented by WILLIAM DAVID MAXWELL. Amicus curiae National Organization of Veterans' Advo- cates, Inc. also represented by CHRIS ATTIG, Attig Steel, PLLC, Little Rock, AR. KENNETH M. CARPENTER, Law Offices of Carpenter Chartered, Topeka, KS, for amicus curiae Joseph A. Taina. GLENN R. BERGMANN, Bergmann Moore, LLC, Bethes- da, MD, for amicus curiae The American Legion. Also represented by JAMES DANIEL RIDGWAY. ANGELA K. DRAKE, The Veterans Clinic at The Uni- versity of Missouri School of Law, Columbia, MO, for amicus curiae National Law School Veterans Clinic Consortium. DORIS HINES, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, for amicus curiae Disabled American Veterans. Also represented by CHARLES COLLINS-CHASE, SEAN DAMON, RONALD LEE SMITH. STANLEY JOSEPH PANIKOWSKI, III, DLA Piper LLP (US), San Diego, CA, for amici curiae Blue Water Navy Vietnam Veterans Association, Association of the United States Navy, Fleet Reserve Association. Also represented by JACOB ANDERSON, ERIN GIBSON. PROCOPIO v. WILKIE 3 STEPHEN BLAKE KINNAIRD, Paul Hastings LLP, Wash- ington, DC, for amici curiae National Veterans Legal Services Program, Veterans of Foreign Wars of the United States. Amicus curiae National Veterans Legal Services Program also represented by BARTON F. STICHMAN, Na- tional Veterans Legal Services Program, Washington, DC. ______________________ Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN, and STOLL, Circuit Judges. Opinion for the court filed by Circuit Judge MOORE, in which Chief Judge PROST and Circuit Judges NEWMAN, O’MALLEY, REYNA, WALLACH, TARANTO, and STOLL join. Concurring opinion filed by Circuit Judge LOURIE. Concurring opinion filed by Circuit Judge O’MALLEY. Dissenting opinion filed by Circuit Judge CHEN, in which Circuit Judge DYK joins. MOORE, Circuit Judge. Alfred Procopio, Jr., appeals a decision of the Court of Appeals for Veterans Claims denying service connection for prostate cancer and diabetes mellitus as a result of exposure to an herbicide agent, Agent Orange, during his Vietnam War-era service in the United States Navy. Because ...
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