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