United States Federal Circuit

Where Board of Veteran's Appeals employed the wrong legal standard in determining whether a presumption, that appellant's condition was aggravated during his military service, had been overcome, remand was proper and appellant was not entitled to an immediate ruling that his disability was service-connected.

Appellate Information

• Decided 05/09/2002
• Published 05/09/2002

Judges

• BRYSON, Circuit Judge., Before MAYER, Chief Judge, BRYSON, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Sandra E. Booth, of Columbus, OH, argued for claimant-appellant.


• For Appellees:
  
• Jonathan P. Sills, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Bryant G. Snee, Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and David J. Barrans, Attorney, Department of Veterans Affairs, of Washington, DC.