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SEYMOUR v. PRINCIPI

No. 00-7074.

245 F.3d 1377 (2001)

Carlton F. SEYMOUR, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED April 12, 2001.

Attorney(s) appearing for the Case

Thomas J. Reed, Widener University School of Law, Delaware Volunteer Legal Services, Inc., Veterans Assistance Program, of Wilmington, Delaware, argued for claimant-appellant.

Brian S. Smith, 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 Donald E. Zeglin, Deputy Assistant General Counsel; and Michelle Doses Bernstein, Attorney, Department of Veterans Affairs, of Washington, DC.

Before RADER, SCHALL, and DYK, Circuit Judges.

DECISION

DYK, Circuit Judge.

This case presents the question whether a veteran's disability claim under 38 U.S.C. § 1151 survives the veteran's death. We hold that it does not and therefore that the Court of Appeals for Veterans Claims properly dismissed this appeal for lack of jurisdiction.

I

Carlton F. Seymour enlisted in the United States Army in July 1948. On December 2, 1950, he was wounded in the right thigh by North Korean machine...

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