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DAMBACH v. GOBER

No. 00-7021.

223 F.3d 1376 (2000)

Frederick H. DAMBACH, Claimant-Appellant, v. Hershel W. GOBER, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 8, 2000.

Attorney(s) appearing for the Case

Frederick H. Dambach, Lakewood, New Jersey, pro se.

Erin E. Powell, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, for respondent-appellee. On the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director.

Before MAYER, Chief Judge, ARCHER, Senior Circuit Judge, and LINN, Circuit Judge.

MAYER, Chief Judge.

Frederick H. Dambach appeals from the August 3, 1999 judgment of the United States Court of Appeals for Veterans Claims, Docket No. 98-356, affirming-in-part and remanding his appeal to the Board of Veterans' Appeals to determine whether an independent medical examination was conducted pursuant to 38 U.S.C. § 7109 (1994), and whether Dambach's heart condition is service related. Because the court erred in holding 38 U.S.C. § 1154(b) ...

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