98 F. App'x 870

Peter E. ALLISON, Claimant-Appellee, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellant.

No. 03-7153.

United States Court of Appeals, Federal Circuit.

May 6, 2004.

Martin F. Hockey, Jr., Principal Attorney, Michael N. Cohen, of Counsel, Department of Justice, Washington, DC, for Respondent-Appellant.

Peter E. Allison, of Counsel, Lyndhurst, OH, pro se.

Before SCHALL, GAJARSA, and PROST, Circuit Judges.

SCHALL, Circuit Judge.

ORDER

The Secretary of Veterans Affairs moves to vacate the Court of Appeals for Veterans Claims’ decision in Allison v. Principi, 01-1546 (March 27, 2003), and have this case remanded for further proceedings consistent with this court’s decision in Conway v. Principi, 353 F.3d 1369 (Fed. Cir.2004). Peter E. Allison opposes and moves the court to affirm the Court of Appeals for Veterans Claims’ decision. The Secretary replies.*

To the extent the Secretary requests remand for consideration of additional issues not related to Conway, the court makes no ruling. These issues may be raised before the Court of Appeals for Veterans Claims on remand.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The Secretary’s motion to vacate and remand is granted.

(2) Allison’s motion to affirm the Court of Appeals for Veterans Claims’ decision is denied.

Allison v. Principi
98 F. App'x 870

Case Details

Name
Allison v. Principi
Decision Date
May 6, 2004
Citations

98 F. App'x 870

Jurisdiction
United States

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