UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 98-425 IN RE : A PROPOSED AMENDMENT TO RULE 26(b) Before KRAMER, Chief Judge, and FARLEY, IVERS, STEINBERG, GREENE, and KASOLD, Judges.* ORDER On April 24, 1998, the Court held in abeyance two proposed revisions of Rule 26(b) of the Court's Rules of Practice and Procedure until further order of the Court. In Re: A Proposed Amendment To Rule 26(b), 12 Vet. App. 432 (1998) (en banc memorandum and order). Since that order, the Secretary has...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 98-1849 EDWARD R. ANDREWS, JR., APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided June 29, 2004 ) Kenneth M. Carpenter, of Topeka, Kansas, was on the pleadings for the appellant. Leigh A. Bradley, General Counsel; Ron Garvin, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and Patricia Trujillo, all of Washington, D.C., were on...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 98-1590(E) RANDALL C. SCARBOROUGH , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before IVERS, Chief Judge, STEINBERG and GREENE, Judges. ORDER On October 4, 1999, the appellant filed, through counsel, an application for an award of attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. ยง 2412(d). On December 9, 1999, the Court received from the appellant an amendment to the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 04-8002 IN RE MICHAEL R. SMALLS, MEMBER OF THE BAR Before FARLEY, GREENE, and HAGEL, Judges ORDER The Court received credible evidence that attorney Michael R. Smalls (respondent) had been convicted by a United States district court of a serious crime, as defined in Rule 7(b)(3) of the Court's Rules of Admission and Practice, and sentenced to imprisonment for a term of five years. On February 19, 2004, the Clerk of the Court, pursuant to...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-600 RONNIE E. THORNHILL, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided March 15, 2004 ) Sean A. Ravin, of Washington, D.C., was on the pleading for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Thomas A. McLaughlin, Special Assistant to the Assistant General Counsel; and Gabrielle L. Clemons (...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-505 JAMES B. PARDUE, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before IVERS, KASOLD, and HAGEL, Judges. ORDER On March 18, 2003, the appellant, through counsel, appealed the November 20, 2002, decision of the Board of Veterans' Appeals. On April 5, 2004, the parties filed a joint motion to terminate this appeal on terms set forth in a settlement agreement between the parties to be effective when the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 03-1996 BOBBY R. JONES, APPELLANT , v. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before IVERS, Chief Judge, and STEINBERG and KASOLD, Judges. ORDER On May 20, 2004, the appellant, through counsel, filed a motion for reconsideration or, in the alternative, for a panel decision regarding a May 14, 2004, nondispositive single-judge order that directed the appellant to submit to the Court evidence, consistent with the "...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 03-1903 R. EDWARD BATES, PETITIONER , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before FARLEY, IVERS, and STEINBERG, Judges. ORDER On July 28, 2003, the petitioner was informed by a letter from the Department of Veterans Affairs (VA or the Department) General Counsel (GC) that the Secretary had cancelled his accreditation to represent claimants before VA. On August 6, 2003, the petitioner, through counsel, filed...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-1632 NORMAN H. STHELE , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued June 29, 2004 Decided December 29, 2004 ) Sean A. Ravin, of Washington, D.C., for the appellant. Thomas A. McLaughlin, with whom Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and Gabrielle L. Clemons, were on the pleading, all of Washington, D.C.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-1329 PAUL T. URBAN , JR., APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before IVERS, GREENE, and HAGEL, Judges. ORDER Paul T. Urban, through counsel, appealed to the Court a March 10, 2003, Board of Veterans' Appeals (Board) decision in which the Board awarded him a rating of total disability based on individual unemployability (TDIU) for his service-connected disabilities. The Secretary moved to dismiss...
This version includes an errata dated 20Dec04 - e UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-1282 FAUNDA R. HATCH , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued October 5, 2004 Decided December 2, 2004 ) Kenneth M. Carpenter, of Topeka, Kansas, argued the cause, and Denton M. Hatch, of Spanish Fork, Utah, was on the pleading for the appellant. Erika E. Liem, with whom Tim S. McClain, General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-1251 PEDRO P. DUENAS, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 15, 2004 ) Pedro P. Duenas, pro se. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Kathy A. Banfield, Deputy Assistant General Counsel; and Cathy A. Chase, all of Washington, D.C., were on the brief for the appellee. Before IVERS, Chief Judge,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-1039(E) LEAMON JOHNSON , JR., APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellant's Application for Attorney Fees and Expenses (Decided January 29, 2004 ) AnnMarie D. Leikauf, of Branchburg, New Jersey, was on the pleading for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Thomas A. McLaughlin, Special Assistant to the Assistant General Counsel; and...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-1014 JEFFERY A. WELLS, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and FARLEY, IVERS, STEINBERG, GREENE, KASOLD, and HAGEL, Judges. ORDER On November 3, 2003, the appellant, through counsel, filed a motion for an initial decision by the full Court. He argues that full-Court consideration is necessary because the appeal presents the opportunity to consider all aspects of the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-1008(E) CHARLES F. EVINGTON , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellant's Application for Attorney Fees and Expenses (Decided September 13, 2004 ) Barton F. Stichman, Nancy L. Foti, and James W. Stewart (nonattorney practitioner), all of Washington, D.C., were on the pleadings for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Carolyn F....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-0947 JACOB KALMAN , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 21, 2004 ) Sean Kendall, of Boulder, Colorado, was on the brief for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel, and Lavinia Derr, all of Washington, D.C., were on the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-0928 ADA BOBBITT , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before FARLEY, IVERS, and GREENE, Judges. ORDER The issue before the Court is whether the appellant, Ada Bobbitt, filed a timely Notice of Appeal (NOA) from an August 2002 decision of the Board of Veterans' Appeals (Board or BVA). For the reasons that follow, the Court holds that the NOA submitted by the appellant was timely filed under the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO .03-0506 BRUCE W. PIERCE , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued August 11, 2004 Decided October 28, 2004 ) Landon E. Overby, of Washington, D.C., for the appellant. Christine D. Senseman, with whom Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and Edward V. Cassidy, Jr., Acting Deputy Assistant General Counsel; all...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 02-80 EDWARD HACKETT , JR., APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before GREENE, KASOLD, and HAGEL, Judges. ORDER In a January 8, 2003, single-judge order, the Court vacated a January 7, 2002, Board of Veterans' Appeals (Board) decision that declined to reopen Mr. Edward Hackett's previously disallowed claim for service connection for retinitis pigmentosa and remanded the matter because VA had failed...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS N O . 02-799 H ENRY R. T AVARES, A PPELLANT , V. A NTHONY J. P RINCIPI, S ECRETARY OF V ETERANS A FFAIRS, A PPELLEE. On Appeal from the Board of Veterans' Appeals (Decided June 24, 2004 ) Mary Anne Royle, of Vancouver, Washington, was on the pleading for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Thomas A. McLaughlin, Special Assistant to the Assistant General Counsel; Cristine D. Senseman,...
