United States Federal Circuit

Plaintiff unsuccessfully appealed the termination of his rating of total disability on grounds that the decision of the regional office of the Board of Veterans' Appeals is not a final decision. As a consequence, the case cannot be reopened in the absence of clear and unmistakable evidence or new and material evidence.

Appellate Information

• Decided 07/22/2004
• Published 07/22/2004

Judges

• CLEVENGER, Circuit Judge., Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey Wood, of York, PA, argued for claimant-appellant.


• For Appellees:
  
• Brent M. McBurney, Trial Attorney, of Washington, DC, argued for respondent-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Robert E. Kirschman, Jr., Assistant Director.   Of counsel were Michael J. Timinski, Deputy Assistant General Counsel, and Joshua S. Blume, Staff Attorney, of Washington, DC.