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JONES v. WEST

No. 96-7041.

136 F.3d 1296 (1998)

Ethel L. JONES, Claimant-Appellee, v. Togo D. WEST, Jr., Acting Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

February 11, 1998.

Attorney(s) appearing for the Case

David D'Zurilla, Lane, Aitken & McCann, Washington, DC, argued, for claimant-appellee.

John K. Lapiana, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued, for respondent-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director. Of counsel was David Barrans, Office of General Counsel, Department of Veterans Affairs, Washington, DC.

Before MICHEL, PLAGER and LOURIE, Circuit Judges.

MICHEL, Circuit Judge.

Respondent-Appellant, the Acting Secretary of Veterans Affairs (the "Secretary"), appeals the judgment of the Court of Veterans Appeals which vacated and remanded the Board of Veterans' Appeals' (the "Board's") denial of Claimant-Appellee Ethel L. Jones's claim for incremental benefits which allegedly accrued and were due and unpaid to her late husband, as a married veteran, when he died. Jones v. Brown, 8 Vet.App. 558 (1996). The appeal...

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