United States Federal Circuit

Where the proper analysis turns not on a weighing of the evidence, but on the understanding of what an expert meant in his report, the Veterans Court has statutory authority under 38 USC 7252(a) to remand to the Board of Veterans' Appeals for further factual inquiry.

Appellate Information

• Decided 07/13/2001
• Published 07/13/2001

Judges

• BRYSON, Circuit Judge., Before CLEVENGER, SCHALL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald L. Smith,Disabled American Veterans, of Washington, DC, argued for claimant-appellant.   With him on the brief was Stephen L. Purcell, Attorney.


• For Appellees:
  
• Martin F. Hockey, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were David M. Cohen, Director;  and Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and David J. Barrans, Staff Attorney, Department of Veterans Affairs, of Washington, DC.