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CAESAR v. WEST

No. 99-7027.

195 F.3d 1373 (1999)

Dominick R. CAESAR, Jr., Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

November 10, 1999.

Attorney(s) appearing for the Case

Jeffrey James Woods, of York, Pennsylvania, argued for claimant-appellant.

William K. Olivier, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director, and Robert E. Kirschman Jr., Assistant Director. Of counsel on the brief were Richard J. Hipolit, General Counsel, and David J. Barrans, Staff Attorney, Department of Veterans Affairs, of Washington, DC.

Before LOURIE, CLEVENGER, and GAJARSA, Circuit Judges.

PER CURIAM.

Dominick R. Caesar, Jr., appeals the decision of the United States Court of Appeals for Veterans Claims granting his request to remand his case to the Board of Veterans' Appeals with instructions to consider "new and material evidence" related to his claim for service connection of an ear injury. See Caesar v. West, No. 96-1033, slip op. at 8, 1998 WL 654152 (Vet. App.1998) ("Caesar II"). Because Caesar challenges a non-final order, this...

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