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Byron v. Shinseki

670 F.3d 1202 (2012)

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Byron v. Shinseki

United States Court of Appeals for the Federal Circuit
670 F.3d 1202 (2012)

CS

Facts

Lady Louise Byron (plaintiff) brought a claim for service-connection death benefits with the Department of Veterans Affairs (the VA) (defendant) for her husband, a veteran who developed cancer that Byron alleged was related to in-service exposure to radiation. Byron’s claim came before the Board of Veterans’ Appeals (the board), which awarded a service connection based on regulations that presumed causation for certain diseases. Under this presumption, an effective date of 1988 was allowed and granted to Byron. Byron appealed this effective date to the United States Court of Appeals for Veterans Claims (the veterans court). During this appeal, Byron and the VA agreed that an earlier effective date might be established if Byron could prove entitlement to direct service connection, rather than under a service connection based on the presumption. However, the board had not made the factual findings required to prove this type of entitlement. Therefore, the veterans court remanded the matter back to the board to make these initial factual determinations. Byron appealed the remand to the United States Court of Appeals for the Federal Circuit, alleging that the veterans court should have reversed the board’s decision rather than remand it.

Rule of Law

Issue

Holding and Reasoning (Moore, J. )

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