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EBEL v. SHINSEKI

No. 2011-7125.

673 F.3d 1337 (2012)

Ginette J. EBEL, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 21, 2012.

Attorney(s) appearing for the Case

Philip Andrew Riley , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for claimant-appellant. With him on the brief were Doris Johnson Hines and Ronald L. Smith .

Martin F. Hockey, Jr. Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Lauren A. Weeman , Trial Attorney. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Rachael T. Shenkman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before PROST, SCHALL, and REYNA, Circuit Judges.

PROST, Circuit Judge.

Ginette J. Ebel appeals a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") to vacate and remand the decision of the Board of Veterans' Appeals ("Board") denying Mrs. Ebel's claim for service connection on behalf of her deceased husband. Ebel v. Shinseki, No. 08-4130, 2011 WL 378851 (Vet.App. Feb. 7, 2011). Because the decision of the Veterans Court was not a final decision, we dismiss the appeal for...

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