Judges, dissenting:
For the reasons set forth in Judge Kramer’s dissenting opinion to the panel opinion and because we believe that the panel opinion departs from the Court’s established precedent we voted for en banc review. See U.S. Vet.App. 35(c) (full Court review to “maintain uniformity of the Court’s decisions”). We believe that the case should be remanded for adjudication of the appellant’s well-grounded claim.