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AUGUSTINE v. PRINCIPI

No. 03-7001.

343 F.3d 1334 (2003)

Garry J. AUGUSTINE, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 8, 2003.

Attorney(s) appearing for the Case

Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimant-appellant.

Claudia Burke, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were David M. Cohen, Director; and Brian M. Simkin, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and David J. Barrans, Attorney, Department of Veterans Affairs, of Washington, DC.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

LINN, Circuit Judge.

Garry J. Augustine ("Augustine") appeals from the judgment of the United States Court of Appeals for Veterans Claims ("Veterans' Court") affirming a Board of Veterans' Appeals ("Board") determination that a 1972 rating decision by the Department of Veterans Affairs ("DVA") relating to the award of special monthly compensation ("SMC") did not contain clear and unmistakable error. Augustine v. Principi, No. 00-1160, 2002 WL 1563486 (Vet.App...

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