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ROUTEN v. WEST

No. 97-7064.

142 F.3d 1434 (1998)

Brian E. ROUTEN, Claimant-Appellant, v. Togo D. WEST, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 30, 1998.

Attorney(s) appearing for the Case

Gary L. Beaver, Patton, Boggs, & Blow, of Greensboro, NC, argued for appellant.

Armando O. Bonilla, Atty., Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice, of Washington, DC, argued for appellee. With him on brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, and Anthony H. Anikeeff, Asst. Director. Of counsel on brief were Donald E. Zeglin, Deputy Asst. Gen. Counsel, and Nicole Sideris, Atty., Dept. of Veterans Affairs, Office of General Counsel, of Washington, DC.

Before: PLAGER, BRYSON, and GAJARSA, Circuit Judges.

Opinion of the court filed by Circuit Judge PLAGER. Circuit Judge BRYSON concurs in part and dissents in part.

PLAGER, Circuit Judge.

This case addresses the circumstances under which a veteran may reopen or otherwise obtain reconsideration of a case previously closed. Brian E. Routen appeals the decision of the Court of Veterans Appeals, case No. 95-673 (Apr. 9, 1997), in which the court upheld the denial by the Board of Veterans Appeals ("Board") of Mr....

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