Elmer WINTERS, Claimant-Appellant,
v.
Hershel W. GOBER, Acting Secretary of Veterans Affairs, Respondent-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 26, 2000.
July 26, 2000.
Attorney(s) appearing for the Case
Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for claimant-appellant.
Bryant S. Banes, 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 Kirk Manhardt, Assistant Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.
Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, for amicus National Organization of Veterans' Advocates.
Before PLAGER, CLEVENGER, and SCHALL, Circuit Judges.
United States Court of Appeals, Federal Circuit.
PLAGER, Circuit Judge.
Elmer Winters appeals from a decision of the United States Court of Appeals for Veterans Claims,1Winters v. West, 12 Vet. App. 203 (1999) (en banc), in which the en banc court dismissed his case for failure to state a well grounded claim. Because, as we shall explain, the Court of Appeals for Veterans Claims exceeded its statutory authority, we vacate and remand...
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