BOYER v. WEST

No. 99-7079.

210 F.3d 1351 (2000)

Gerald BOYER, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 10, 2000.


Attorney(s) appearing for the Case

Michael E. Wildhaber, The Law Offices of Wildhaber & Associates, of Washington, DC, argued for claimant-appellant. With him on the brief was Daniel D. Wedemeyer.

Laureen D. Kapin, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen; Director; Anthony H. Anikeeff, Assistant Director; and Gerald M. Alexander, Attorney. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.

Before RADER, CLEVENGER, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

Gerald Boyer appeals from the October 8, 1998 and January 27, 1999 decisions of the United States Court of Appeals for Veterans Claims (the "CAVC")1 denying his claim for a compensable rating evaluation for service-connected left-ear hearing loss.2 Because we find that 38 U.S.C. § 1160(a)(3) (1994) plainly speaks to the issue and precludes any consideration of Mr. Boyer's right...

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