Background

• Ebel sought DIC for death of her veteran husband based on alleged melanoma linked to Vietnam service and herbicide/sun exposure.
• VA denied claims in 1994 and 1998; the current suit stems from later Board denial and a VA medical examiner’s opinion (2008) linking melanoma to service.
• Veterans Court vacated and remanded, criticizing the Board for not adequately weighing direct-service evidence against NAS studies on presumptive exposure.
• Board remand did not consider all relevant records; on remand, the examiner opined that the veteran’s melanoma was at least as likely as not related to service.
• This appeal concerns whether the Federal Circuit has jurisdiction over a non-final Veterans Court remand order under Williams v. Principi and related criteria.
• Court dismisses for lack of jurisdiction because Williams conditions for reviewing non-final remand orders are not satisfied.

Issues

Key Cases Cited

• Williams v. Principi, 275 F.3d 1361 (Fed. Cir. 2002) (establishes narrow Williams finality exception for remand orders)
• Joyce v. Nicholson, 443 F.3d 845 (Fed. Cir. 2006) (non-final remand generally not reviewable unless Williams conditions met)
• Jones v. Nicholson, 431 F.3d 1353 (Fed. Cir. 2005) (limits review of non-final remand orders)
• Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001) (unusual circumstances can trigger exception to finality rule)
• Mlechick v. Mansfield, 503 F.3d 1340 (Fed. Cir. 2007) (discusses Williams conditions and finality)
• Vazquez-Flores v. Shinseki, 580 F.3d 1270 (Fed. Cir. 2009) (Board's statutory interpretation and finality considerations)
• Cook v. Principi, 353 F.3d 937 (Fed. Cir. 2003) (jurisdictional questions about finality and legal issue)