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BOGGS v. PEAKE

No. 2007-7137.

520 F.3d 1330 (2008)

Clinton C. BOGGS, Jr., Claimant-Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 26, 2008.

Attorney(s) appearing for the Case

Richard A. Kaplan, Sidley Austin LLP, of Washington, DC, argued for claimantappellant. Of counsel on the brief were Barton F. Stichman and Louis J. George, National Veterans Legal Services Program, of Washington, DC.

Michael N. O'Connell, 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 Jeanne E. Davidson, Director, and Martin F. Hockey, Assistant Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before GAJARSA and DYK, Circuit Judges, and MORAN, Senior District Judge.

GAJARSA, Circuit Judge.

Claimant-Appellant Clinton C. Boggs, Jr. appeals a decision of the Court of Appeals for Veterans Claims ("CAVC") affirming a decision of the Board of Veterans' Appeals ("Board") that denied his 2002 claim for service connection. The central issue on appeal is whether Boggs' 2002 claim is the same as a 1955 claim that had already been denied by the Board, or rather is a new claim that should have been reviewed by the Board on the merits. Because...

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