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NOLEN v. GOBER

No. 99-7173.

222 F.3d 1356 (2000)

Sammie G. NOLEN, Claimant-Appellant, v. Hershel W. GOBER, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 1, 2000.

Attorney(s) appearing for the Case

Sammie G. Nolen, of Glendale, Alabama, pro se.

Karla J. de Steuben, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent-appellee. With her on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Kirk T. Manhardt, Assistant Director. Of counsel were David E. Zeglin, Acting Assistant General Counsel; and Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC.

Before PLAGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

PLAGER, Circuit Judge.

Veteran Sammie G. Nolen appeals from a decision of the United States Court of Appeals for Veterans Claims, Nolen v. West, 12 Vet.App. 347 (1999), in which the court affirmed the decision of the Board of Veterans' Appeals ("Board") denying Mr. Nolen a service connection for asbestosis, on the grounds that he had failed to state a well grounded claim and that the Board's conclusion to the contrary was harmless error. Because, as we shall...

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