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SANCHEZ-BENITEZ v. PRINCIPI

No. 00-7099

259 F.3d 1356 (2001)

Jose A. Sanchez-Benitez, Claimant-Appellant, v. Anthony J. Principi, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED August 3, 2001

Attorney(s) appearing for the Case

Linda E. Blauhut, Paralyzed Veterans of America, of Washington, DC, argued for claimant appellant. With her on the brief was Michael P. Horan.

Gregory T. Jaeger, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were David M. Cohen, Director, and Harold D. Lester, Jr., Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.

Before MAYER, LOURIE, and CLEVENGER,

Opinion for the court filed by Circuit Judge CLEVENGER. Dissenting Opinion filed by Chief Judge MAYER.

CLEVENGER, Circuit Judge.

Jose A. Sanchez-Benitez appeals from the decision by the Court of Appeals for Veterans Claims ("Veterans Court") on December 29, 1999, affirming the denial by the Board of Veterans' Appeals ("Board") of his claims for service connection for a neck disability and increased rating for a low back claim. Sanchez...

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