D'AMICO v. WEST

No. 99-7110.

209 F.3d 1322 (2000)

Patrick F. D'AMICO, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 7, 2000.


Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter Chartered, Topeka, Kansas, argued for claimant-appellant.

Katherine M. Kelly, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for respondent-appellee. On the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; Mark A. Melnick, Assistant Director; and John C. Einstman, Trial Attorney. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Michael J. Timinski, Attorney, Department of Veterans Affairs, Washington, DC.

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


SCHALL, Circuit Judge.

Patrick F. D'Amico appeals from the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") that affirmed the order of the Board of Veterans' Appeals ("Board") refusing to reopen his 1978 claim for veteran's benefits. See D'Amico v. West, 12 Vet.App. 264 (1999). Because the Veterans Court applied the wrong legal standard when it affirmed the Board's order, we vacate the court's decision and remand for further...

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