BYRON v. SHINSEKI

No. 2011-7170.

670 F.3d 1202 (2012)

Lady Louise BYRON, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 17, 2012.


Attorney(s) appearing for the Case

Edward R. Reines , Weil, Gotshal & Manges, LLP, of Redwood Shores, CA, argued for claimant-appellant. With him on the brief was Justin M. Lee . Of counsel on the brief were Jeffrey G. Homrig and Lawrence Okey Onyejekwe, Jr ., Kasowitz, Benson, Torres & Friedman LLP, of San Francisco, CA.

Tara K. Hogan , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, David J. Barrans , Deputy Assistant General Counsel, and Brian D. Griffin , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, BRYSON, and MOORE, Circuit Judges.


MOORE, Circuit Judge.

Ms. Lady Louise Byron appeals from a decision by the Court of Appeals for Veterans Claims (Veterans Court) remanding the case for further proceedings before the Board of Veterans' Appeals (Board). Byron v. Shinseki, No. 09-4634, slip op., 2011 WL 2441683 (Ct.Vet.App. June 20, 2011). Because the Veterans Court properly remanded to the Board to make factual determinations in the first instance, we affirm.

BACKGROUND

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