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GILPIN v. WEST

No. 97-7075.

155 F.3d 1353 (1998)

William D. GILPIN, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary Of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined October 28, 1998.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, Topeka, Kansas, argued for claimant-appellant. Of counsel was Richard Showalter.

Luke Levasseur, Attorney, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, Washington, DC, argued for respondent-appellee. On the Brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Sharon Y. Eubanks, Deputy Director, and Paul S. Padda, Attorney.

Before MICHEL, SCHALL, and GAJARSA, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined October 28, 1998.

GAJARSA, Circuit Judge.

DECISION

William D. Gilpin appeals the decision of the United States Court of Veterans Appeals in Gilpin v. Brown, Secretary of Veterans Affairs, No. 95-832 (Vet.App. May 21, 1997), which affirmed a May 3, 1995 decision of the Board of Veterans' Appeals ("Board"). Because we hold, under the principles of deference espoused in Chevron, U...

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