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NORTON v. PRINCIPI

No. 03-7217.

376 F.3d 1336 (2004)

Robert W. NORTON, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 22, 2004.

Attorney(s) appearing for the Case

Jeffrey Wood, of York, PA, argued for claimant-appellant.

Brent M. McBurney, Trial Attorney, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Robert E. Kirschman, Jr., Assistant Director. Of counsel were Michael J. Timinski, Deputy Assistant General Counsel, and Joshua S. Blume, Staff Attorney, of Washington, DC.

Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

CLEVENGER, Circuit Judge.

Robert W. Norton appeals the memorandum decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") that affirmed the determination of the Board of Veterans' Appeals ("Board") that, in turn, had found no clear and unmistakable error ("CUE") in a September 1979 decision of the regional office ("RO") terminating Mr. Norton's rating of total disability based on individual unemployability ("TDIU"). Norton v. Principi...

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