United States Federal Circuit

Because plaintiff has not appealed from a final order, her appeal is dismissed where the Veterans Court vacated and remanded her claim for readjudication on the issue of whether VA regulations provide a basis for distinguishing willful misconduct from suicide in a "Russian roulette" situation.

Appellate Information

• Decided 03/27/2003
• Published 03/27/2003

Judges

• DYK, Circuit Judge., Before RADER, GAJARSA and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter Chartered, of Topeka, KS, argued for claimant-appellant.


• For Appellees:
  
• David B. Stinson, Trial 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 Franklin E. White, Jr., Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and David R. McLenachen, Attorney, Department of Veterans Affairs, of Washington, DC.