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ANDINO v. NICHOLSON

No. 2006-7313.

498 F.3d 1370 (2007)

Monserrate C. ANDINO, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 10, 2007.

Attorney(s) appearing for the Case

Daniel D. Wedemeyer, Wedemeyer & Prangley, of West Hills, CA, argued for claimant-appellant. On the brief was Glenn R. Bergmann, Bergmann & Moore, LLC of Bethesda, MD.

Dawn S. Conrad, 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, and Deborah A. Bynum, Assistant Director. Of counsel on the brief were David J. Barrans, Assistant General Counsel, and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MAYER, RADER, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Monserrate C. Andino appeals an order of the Court of Appeals for Veterans Claims (Veterans Court) affirming a 2003 decision of the Board of Veterans' Appeals (Board) that found no clear and unmistakable error (CUE) in a 1975 Board decision upholding a Regional Office (RO) determination severing service connection for schizophrenia. Andino v. Nicholson, 21 Vet.App. 64 (Vet.App.2006). Because the Veterans Court erroneously interpreted 38...

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