RODRIGUEZ v. WEST

No. 98-7087.

189 F.3d 1351 (1999)

Aracelis RODRIGUEZ, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 25, 1999.


Attorney(s) appearing for the Case

Gary L. Beaver, Adams Kleemeier Hagan Hannah & Fouts, PLLC, Greensboro, North Carolina, argued, for claimant-appellant.

Todd M. Hughes, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for respondent-appellee. On the brief were David M. Cohen, Director; Mark A. Melnick, Assistant Director; and Joel McElvain, Attorney. Of counsel was Sharon Y. Eubanks, Deputy Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and David J. Barrans, Staff Attorney, Department of Veterans Affairs, Washington, DC.

Before PLAGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.


Rehearing and Suggestions for Rehearing En Banc Denied and Declined.

FRIEDMAN, Senior Circuit Judge.

The primary issue in this appeal is whether the Court of Veterans Appeals (the name of which was changed to the Court of Appeals for Veterans Claims on March 1, 1999) correctly held that an informal claim for benefits filed with the Department of Veterans Affairs (Department) must be in writing. We affirm.

I

The appellant Rodriguez's deceased...

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