U.S. Court of Appeals for the Federal Circuit
Parker v. Principi
This writing
- Type
- Opinion of the Court
- Author
- Alan David Lourie
- Filed
- July 31, 2002
- Case
- Parker v. Principi
- Case status
- Decided
Opening text
The first passage of the document, as extracted by the source provider.
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 Viola P. Parker’s appeal for lack of jurisdiction or, in the alternative, because she has appealed from a nonfinal order. Parker has not responded. On June 16, 1999, the Board of Veterans’ Appeals determined that new and material evidence had not been presented to reopen a previously and finally disallowed claim of service connection for a psychiatric disorder. Parker 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. The Court of Appeals for Veterans Claims concluded that, in light of the VCAA, the case should be remanded to the Board and, accordingly, vacated the Board’s decision and remanded for readju-dication of Mayfield’ claims consistent with the VCAA. The Court of Appeals for Veterans Claims noted that “[o]n remand, the appellant will be free to submit additional evidence and argument on the remanded claim.” Parker appealed. Even assuming that the Court of App…
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