Case: 20-2067 Document: 64 Page: 1 Filed: 12/17/2021

NOTE: This order is nonprecedential.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 MOORE, Chief Judge, NEWMAN, LOURIE, CLEVENGER *, DYK, PROST, O’MALLEY, REYNA, TARANTO, 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: 2 Filed: 12/17/2021

2 LYNCH v. MCDONOUGH

PER CURIAM.

ORDER 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, IT IS ORDERED THAT: (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.

FOR THE COURT

December 17, 2021 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court