Robert E. JONES, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee, 203 F.3d 1374

ORDER A petition for rehearing en banc was filed by the appellant, and a response thereto was invited by the court and filed by the appellee. The petition for rehearing en banc and response were referred first to the panel that heard the appeal, and thereafter, referred to the judges authorized to request a poll whether to rehear the appeal en banc. A poll was requested, and taken, Upon consideration thereof, IT IS ORDERED THAT:

(1) The petition for rehearing en banc is granted.

(2) The judgment of the court entered on October 25, 1999, and reported in , . 194 F.3d 1345 (Fed.Cir.1999), is vacated and the opinion of the court accompanying the judgment is withdrawn.

(3) The case shall be referred to the panel that decided the case originally.

(4) Additional briefing and argument are not indicated at this time. Circuit Judge GAJARSA, with whom Circuit Judge PAULINE NEWMAN joins, dissents in a separate opinion.