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United States Federal Circuit


Byron v. Shinseki, 2011-7170

On appeal from a decision by the Court of Appeals for Veterans Claims remanding the case for further proceedings before the Board of Veterans' Appeals, the decision is affirmed, where: 1) it was appropriate for the Federal Circuit to review the remand order under the three-part test of Williams v. Principi, 275 F.3d 1361 (Fed. Cir. 2002); 2) there were at least two unresolved factual issues that had to be addressed before the claimant could be awarded an earlier effective date based on a direct service connection for the cause of the death of the claimant's husband.

Appellate Information

  • Decided 02/17/2012
  • Published 02/17/2012

Judges

  • Moore

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Edward R. Reines, Tara K. Hogan

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