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DONNELLAN v. SHINSEKI

No. 2011-7127.

676 F.3d 1089 (2012)

Kevin T. DONNELLAN, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 18, 2012.

Attorney(s) appearing for the Case

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

Domenique G. Kirchner , Trial Attorney, Commercial Litigation Branch, Civil Division, United State 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 Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Jonathan Taylor , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before RADER, Chief Judge, BRYSON and LINN, Circuit Judges.

BRYSON, Circuit Judge.

Kevin T. Donnellan appeals the decision of the Court of Appeals for Veterans Claims ("the Veterans Court"), which remanded his case to the Board of Veterans' Appeals. Because the remand order of the Veterans Court does not fall into the narrow exception to our rule against review of remand orders, we dismiss the appeal.

I

Mr. Donnellan served in the Army National Guard from October 1969 through

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