United States Federal Circuit

In a case in which a veteran sought an increased disability rating for a service-connected shoulder disability, and challenged a holding of the Court of Appeals for Veterans Claims that 38 CFR section 4.71a, DC 5201 provides only a single disability rating for a single disability, the appeal is dismissed for lack of jurisdiction, where the decision of the Veterans Court remanding to the Board of Veterans' Appeals was not a final judgment, since the fact that the plaintiff could lose before the Board without regard to the Veterans Court's interpretation of section 4.71a did not create a substantial risk that the Veterans Court’s interpretation of section 4.71a would evade review.

Appellate Information

• Decided 05/17/2012
• Published 05/17/2012

Judges

• Prost

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Linda J. Thayer, L. Misha Preheim