SUMMERS v. GOBER

No. 00-7019.

225 F.3d 1293 (2000)

Daniel C. SUMMERS, Claimant-Appellant, v. Herschel W. GOBER, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 1, 2000


Attorney(s) appearing for the Case

Kenneth M. Carpenter, Law Offices of Carpenter Chartered, of Topeka, Kansas, argued for claimant-appellant.

Steven J. Gillingham, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC.

Before MAYER, Chief Judge, CLEVENGER and GAJARSA, Circuit Judges.


Opinion for the court filed by Circuit Judge GAJARSA. Dissenting opinion filed by Chief Judge Mayer.

GAJARSA, Circuit Judge.

DECISION

Daniel C. Summers, a veteran, appeals from the judgment of the United States Court of Appeals for Veterans Claims ("CAVC"), Summers v. West, No. 97-1875, 1999 WL 609502 (Vet.App. July 29, 1999), affirming the decision of the Board of Veterans' Appeals ("Board"). The Board denied Summers's claims for service...

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