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JACKSON v. PRINCIPI

No. 01-7007.

265 F.3d 1366 (2001)

Glenn H. JACKSON, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 19, 2001.

Attorney(s) appearing for the Case

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

Lara Levinson, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Todd M. Hughes, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel were Carrie L. Sutherland, Attorney, Department of Justice; and Michael J. Timinski, Attorney, Department of Veterans Affairs.

Before RADER, BRYSON, and DYK, Circuit Judges.

BRYSON, Circuit Judge.

Glenn H. Jackson appeals from a decision of the Court of Appeals for Veterans Claims ("Veterans Court") affirming an order of the Board of Veterans' Appeals ("Board") that denied service connection for a degenerative disc disease. Because we conclude that the Board acted within its statutory authority when it concluded that Mr. Jackson had not presented new and material evidence to reopen his claim, we affirm.

I

Mr. Jackson...

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