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BROWN v. WEST

No. 98-7071.

203 F.3d 1378 (2000)

Alfred L. BROWN, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 18, 2000.

Attorney(s) appearing for the Case

Gary L. Beaver, Adams Kleemeier Hagan Hannah & Fouts, PLLC, Greensboro, North Carolina, argued for claimant-appellant.

Scott D. Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for respondent-appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director.

Before MAYER, Chief Judge, PLAGER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Appellant Alfred L. Brown contends that a 1947 disability rating decision by the Veterans Administration constituted clear and unmistakable error. The Court of Appeals for Veterans Claims denied his claim, holding that intervening decisions by the Board of Veterans' Appeals barred him from challenging the 1947 rating decision. We vacate the judgment of the Court of Appeals for Veterans Claims and remand the case to that court for further proceedings...

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