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ANDRE v. PRINCIPI

No. 01-7008.

301 F.3d 1354 (2002)

Phillip ANDRE, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided August 29, 2002.

Attorney(s) appearing for the Case

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

Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; and David M. Cohen, Director. Of counsel was Mark A. Melnick, Assistant Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Y. Ken Lee, Staff Attorney, Department of Veterans Affairs, of Washington, DC.

Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, for amicus curiae Paralyzed Veterans of America.

Before SCHALL, GAJARSA, and LINN, Circuit Judges.

SCHALL, Circuit Judge.

Phillip Andre appeals from the order of the United States Court of Appeals for Veterans Claims ("Veterans Court") that dismissed part of his appeal for lack of jurisdiction and affirmed the rest. Andre v. West, 14 Vet.App. 7 (2000). The Veterans Court concluded that it lacked jurisdiction over Mr. Andre's appeal insofar as it related to claims of clear and unmistakable error that Mr. Andre had raised for the first time on appeal. The...

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