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Pylman v. West

United States Court of Appeals for the Federal Circuit


November 15, 1999

JAMES C. PYLMAN, CLAIMANT-APPELLANT,
v.
TOGO D. WEST, JR., SECRETARY OF VETERANS AFFAIRS, RESPONDENT-APPELLEE.

Before Michel, Plager, and Bryson, Circuit Judges.

The opinion of the court was delivered by: Per Curiam.

NOTE: Pursuant to Fed. Cir. R. 47.6, this Disposition is not citable as precedent. It is a public record. The Disposition will appear in tables published periodically.

Mr. James C. Pylman seeks review of a decision by the Court of Appeals for Veterans Claims (No. 95-820) partially vacating and remanding his case to the Board of Veterans' Appeals ("Board"). Because the decision by the Court of Appeals for Veterans Claims is not final, we dismiss Mr. Pylman's appeal.

DISCUSSION

On August 6, 1998, the Court of Appeals for Veterans Claims vacated and remanded the Board of Veterans' Appeals decision regarding the effective date of entitlement to service connection for left-eye inactive chorioretinitis and regarding the denial of an increased rating for bilateral inactive chorioretinitis, with scarring and conjunctivitis of the right eye. In all other respects, the Board's decision was affirmed.

Subsequent to the issuing of that opinion, on November 24, 1998, the Court of Appeals for Veterans Claims issued an order that remanded another matter to the Board of Veterans' Appeals for reconsideration. Since Hodge v. West, 155 F.3d 1356 (Fed. Cir. 1998) had just issued, the Court of Appeals for Veterans Claims decided that it was also necessary to remand the issue of whether Mr. Pylman had submitted sufficient new and material evidence to reopen his claim for service connection for a chronic stomach disability.

Mr. Pylman now appeals to this court, complaining that the ratings assigned for his defective vision and chorioretinitis are incorrect. Because the matters Mr. Pylman raises on appeal are included in the issues that have been remanded by the Court of Appeals for Veterans Claims to the Board of Veterans' Appeals, we do not have jurisdiction to hear Mr. Pylman's appeal. See Winn v. Brown, 110 F.3d 56, 57 (Fed. Cir. 1997) (remands to Board of Veterans' Appeals are not final judgments); 38 U.S.C. § 7292 (1994). Accordingly, we dismiss Mr. Pylman's appeal.

19991115

© 1999 VersusLaw Inc.



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