HAYRE v. WEST

No. 98-7046.

188 F.3d 1327 (1999)

Garrett V. HAYRE, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 16, 1999.


Attorney(s) appearing for the Case

Linda E. Blauhut, Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellant. With her on the brief was Michael P. Horan.

Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were David M. Cohen, Director, Kirk T. Manhardt, Assistant Director, and Luke Levasseur, Attorney. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, SCHALL, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

DECISION

Garrett V. Hayre appeals from the decision of the United States Court of Appeals for Veterans Claims,1 Hayre v. Gober, No. 95-984 (Mem. Decision Dec. 2, 1997) (hereinafter "Hayre Decision") affirming the decision by the Board of Veterans' Appeals ("Board") declining to reopen Mr. Hayre's claim on the basis of clear and unmistakable error ("CUE") due to a breach of the duty to assist. For...

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