*1 Before M OORE , Chief Judge , N EWMAN , L OURIE , C LEVENGER ^[*] , D YK , P ROST , O’M ALLEY , R EYNA , T ARANTO , C HEN , H UGHES , S TOLL , and C UNNINGHAM , Circuit Judges . *2 Case: 20-2067 Document: 64 Page: 2 Filed: 12/17/2021

2 LYNCH v. MCDONOUGH P ER C URIAM .

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.

F OR THE C OURT December 17, 2021 /s/ Peter R. Marksteiner Date Peter R. Marksteiner

Clerk of Court

[*] Circuit Judge Clevenger participated only in the decision on the petition for panel rehearing.