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PRILLAMAN v. PRINCIPI

Nos. 03-7012, 03-7036.

346 F.3d 1362 (2003)

Jane E. PRILLAMAN, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee. Charles E. Blackwell, Claimant-Appellant, v. Anthony J. Principi, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Corrected October 28, 2003.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimants-appellants in 03-7012 and 03-7036.

Lauren S. Moore, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee in 03-7012 and 03-7036. On brief 03-7012 were David M. Cohen, Director; Franklin E. White, Jr., Assistant Director; and Virginia G. Farrier, Attorney. Of counsel on the brief was David R. McLenachen, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel were R. Alan Miller, Attorney, Department of Justice; and Richard J. Hipolit, Department of Veterans Affairs. With her on brief 03-7036 were David M. Cohen, Director; and Brian M. Simkin, Assistant Director. Of counsel on the brief was David J. Barrans, Attorney, Department of Veterans Affairs.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.

MICHEL, Circuit Judge.

Appellants Blackwell and Prillaman appeal from the decisions of the Court of Appeals for Veterans Claims ("CAVC") affirming the Board of Veterans' Appeals' ("BVA's") finding that there was no new and material evidence supporting a reopening of the appellants' claims for service connection. Because the CAVC correctly applied a clear error standard of review to the BVA's determination that there was no new and material evidence, we affirm.

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