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SHEDDEN v. PRINCIPI

No. 04-7001.

381 F.3d 1163 (2004)

Jerry R. SHEDDEN, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 20, 2004.

Attorney(s) appearing for the Case

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

Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; and David M. Cohen, Director. Of counsel were Michael J. Timinski, Deputy Assistant General Counsel, and Y. Ken Lee, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, DYK and PROST, Circuit Judges.

Opinion concurring-in-part and dissenting-in-part filed by NEWMAN, Circuit Judge.

DYK, Circuit Judge.

Appellant Jerry R. Shedden ("Mr.Shedden") appeals from the decision of the Court of Appeals for Veterans Claims affirming the Board of Veterans' Appeals' ("BVA") denial of his claim for clear and unmistakable error ("CUE") in a 1994 BVA decision that denied service connection for a psychiatric disorder. Shedden v. Principi, No. 01-1534, 2003 WL 22020182...

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