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The Issuance Of A Mandate From The Federal Circuit

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mos1833

Question

in 2004 the court of appeals vacated and remanded my claim.

in that same year the secretary opposed that decision and appealed it to the federal circuit.

in 2008 the usca for fedeal circuit,

summarily affirmed the remand of 2004,and issued the decision as a mandate .

with that said,

why would i need new evidence to reopen the claim when it got back to the court.

thanks

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thanks philip

heres how i do it.

i go to ==us court of appeals for veterans claims-case docket search -before october 2008

i just type in ( 02-2299 ) or my last name nunley,

thats the claim where it went to the federal circuit.= 8/27/04 ( 04-7159 )

if that dont work let me know, thanks

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It sounds like it's back in the Board's control and until there's a new decision there, you can choose to submit new evidence that might address the reasons why the Court remanded it in the first place. I don't think the Secretary makes a habit of appealing Court decisions to the Federal Circuit all that often so your appeal must be a whopper.

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