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SMITH v. WEST

No. 99-7133.

214 F.3d 1331 (2000)

Russell E. SMITH, Claimant-Appellant, v. Togo D. WEST, Jr., Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied August 16, 2000

Attorney(s) appearing for the Case

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

Kent G. Huntington, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, argued for respondent-appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, and Mark A. Melnick, Assistant Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and Michelle D. Doses, Attorney, Department of Veterans Affairs, of Washington, DC.

Before LOURIE, GAJARSA, and LINN, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 16, 2000

PER CURIAM.

Russell E. Smith appeals from the decision of the Court of Appeals for Veterans Claims affirming the Board of Veterans' Appeals' denial of his request to reopen his claim for service-connected disability benefits. See Smith v. West, No. 95-638 (CAVC Apr. 7, 1999). Because Smith does not raise an issue with respect to the validity of any statute or regulation or any interpretation thereof...

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