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COLLARO v. WEST

No. 97-7049.

136 F.3d 1304 (1998)

Andrew M. COLLARO, Claimant-Appellant, v. Togo G. WEST, Jr., Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 19, 1998.

Attorney(s) appearing for the Case

Michael P. Horan, Associate General Counsel, Paralyzed Veterans of America, Washington, DC, argued for claimant-appellant.

G. Michael Harvey, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for respondent-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Anthony H. Anikeeff, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel and Kerwin E. Miller, Department of Veterans Affairs, Washington, DC.

Before MAYER, Chief Judge, and RICH and MICHEL, Circuit Judges.

MAYER, Chief Judge.

Andrew M. Collaro appeals from the judgment of the Court of Veterans Appeals dismissing his appeal from the Board of Veterans Appeals for lack of jurisdiction. Collaro v. Brown, No. 95-822 (Vet.App. Jan.7, 1997). Because the Court of Veterans Appeals erred in dismissing his constitutional and statutory claims, we vacate and remand.

Background

Collaro served on active duty...

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