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COLLETTE v. BROWN

No. 95-7043.

82 F.3d 389 (1996)

Dewey P. COLLETTE, Jr., Claimant-Appellant, v. Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 23, 1996.

Attorney(s) appearing for the Case

Neal L. Thomas, Rowley & Watts, Washington, DC, for claimant-appellant.

Deborah A. Bynum, Attorney, Commercial Litigation Branch, Department of Justice, Washington, DC, for respondent-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and James M. Kinsella, Assistant Director.

Before ARCHER, Chief Judge, PLAGER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Dewey P. Collette, Jr., appeals the decision of the United States Court of Veterans Appeals which affirmed the denial by the Board of Veterans Appeals ("BVA") of his claim for service-related hearing damage. Collette v. Brown, No. 93-504, 1994 WL 540505 (Vet. App. Sept. 26, 1994). Because the decision of the BVA was based upon an incorrect interpretation of 38 U.S.C. § 1154(b) (1994), we vacate and remand.

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