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GONZALES v. WEST

No. 00-7018.

218 F.3d 1378 (2000)

Richard B. GONZALES, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 12, 2000.

Attorney(s) appearing for the Case

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

Bryant S. Banes, 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, Acting Assistant Attorney General; David M. Cohen, Director; and Kirk T. Manhardt, Assistant Director. Of counsel on the brief were Donald E. Zeglin, Acting Assistant General Counsel; and Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, MICHEL, and LOURIE, Circuit Judges.

MICHEL, Circuit Judge.

Richard B. Gonzales was in active military service from July 1968 to December 1969. Mr. Gonzales applied for benefits for disability due to the effects of Post-Traumatic Stress Disorder ("PTSD") in August of 1984. On September 13, 1984, the Veterans Affairs Regional Office ("RO") granted Mr. Gonzales a service connection for PTSD at a thirty percent (30%) rating. He did not appeal this rating, rendering final the RO decision.

Upon a...

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