MLECHICK v. MANSFIELD

No. 2006-7362.

503 F.3d 1340 (2007)

Thomas C. MLECHICK, Jr., Claimant-Appellee, v. Gordon H. MANSFIELD, Acting Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

October 4, 2007.


Attorney(s) appearing for the Case

Sandra W. Wischow, Wright, Robinson, Osthimer & Tatum, of Richmond, VA, argued for claimant-appellee.

Martin F. Hockey, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant. With him on the brief were Peter D. Keisler, Acting Attorney General, and Jeanne E. Davidson, Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Martie Adelman, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before RADER and MOORE, Circuit Judges, and YEAKEL, District Judge.


MOORE, Circuit Judge.

Gordon H. Mansfield, Acting Secretary of Veterans Affairs (Secretary), appeals the decision of the United States Court of Appeals for Veterans Claims (Veterans Court) to remand to the Board of Veterans Affairs (Board) for consideration of whether Mlechick was given proper notice under the Veterans Claims Assistance Act (VCAA), Pub.L. No. 102-40, 114 Stat. 2096.1 See Mlechick v. Nicholson, 21 Vet. App. 83, 2006...

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