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MAYFIELD v. NICHOLSON

No. 05-7157.

444 F.3d 1328 (2006)

Lizzie K. MAYFIELD, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 5, 2006.

Attorney(s) appearing for the Case

Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellant. With him on the brief were Linda E. Blauhut and William S. Mailander.

Martin F. Hockey, Jr., Senior Trial Attorney, 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 on the brief were Richard J. Hipolit, Assistant General Counsel and Martie S. Adelman, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for amicus curiae The Veterans Law Group. On the brief was Mark R. Lippman, The Veterans Law Group, of La Jolla, California.

Before MICHEL, Chief Judge, MAYER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

This case requires us to resolve an issue involving the notification provision of the Veterans Claims Assistance Act of 2000, Pub. L. No. 106-475, § 3(a), 114 Stat. 2096 ("VCAA"), codified at 38 U.S.C. § 5103(a). Based on various communications between the Department of Veterans Affairs ("VA") and the claimant-appellant, the Board of Veterans Appeals held that the VA had satisfied its obligations under the notification provision. The...

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