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ALLEN v. PRINCIPI

No. 99-7199.

237 F.3d 1368 (2001)

William F. ALLEN, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED February 2, 2001.

Attorney(s) appearing for the Case

Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimant-appellant. With him on the brief was Stephen L. Purcell.

Michael S. Dufault, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were David M. Cohen, Director, and Robert E. Kirschman, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.

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

MICHEL, Circuit Judge.

William F. Allen appeals the order of the United States Court of Appeals for Veterans Claims ("Veterans Court") vacating a November 26, 1997 Board of Veterans' Appeals ("Board" or "BVA") decision which denied increased disability compensation and remanded the case for further proceedings. In its one-judge order, the Veterans Court instructed the Board that its interpretation in Barela v. West,<...

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