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KENT v. PRINCIPI

No. 04-7062.

389 F.3d 1380 (2004)

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

United States Court of Appeals, Federal Circuit.

DECIDED: December 1, 2004.

Attorney(s) appearing for the Case

Kathy A. Lieberman, Lieberman & Mark, of Washington, DC, argued for claimant-appellant.

Carolyn J. Craig, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Patricia M. McCarthy, Assistant Director. Of counsel was Jeanne E. Davidson, Deputy Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Ethan G. Kalett, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, LINN, and PROST, Circuit Judges.

LINN, Circuit Judge.

Peter Kent ("Kent") appeals from the judgment of the United States Court of Appeals for Veterans Claims ("Veterans' Court") affirming the denial of his claim of clear and unmistakable error in a January 1953 decision denying service connection for his hearing loss. Kent v. Principi, No. 02-917, 2003 WL 22764555 (Vet.App. Oct. 28, 2003). Because the Veterans' Court did not err in its interpretation of 38 U.S.C. § 1111 and because we...

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