Mayfield v. Principi

Type

Opinion of the Court

Author

Alan David Lourie

Filed

July 31, 2002

Case

Mayfield v. Principi

Case status

Decided

The first passage of the document, as extracted by the source provider.

*475 ON MOTION LOURIE, Circuit Judge. ORDER The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to dismiss Roland Mayfield’s appeal for lack of jurisdiction or, in the alternative, because he has appealed from a nonfinal order. Mayfield has not responded. On January 27, 2000, the Board of Veterans’ Appeals denied Mayfield’s claim of service connection for tinnitus as not well grounded along with his claim for an increased rating for achalasia with scarring from esophageal surgery. Mayfield appealed the Board’s decision to the United States Court of Appeals for Veterans Claims. The Secretary moved for remand based on provisions of the Veterans Claims Assistance Act of 2000 (VCAA), Pub.L. No. 106-475, 114 Stat.2096. Without opposing the application of the VCAA, Mayfield agreed that remand was the proper remedy, but affirmatively stated that the matter should be remanded “for reajudication because the Board erred ‘in not recognizing that he had provided a medical nexus opinion [and] in failing to afford him an adequate medical examination.’ ” The Court of Appeals for Veterans Claims concluded that, in light of the VCAA, the case should be remand…

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