UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 10-3282 MARGARET R. RUSSELL, APPELLANT, V. ERIC K. SHINSEKI SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KASOLD, Chief Judge, and HAGEL and LANCE, Judges. ORDER On May 3, 2011, the Clerk of Court granted the parties' joint motion for remand (JMR). See U.S. VET. APP. R. 45(g)(2) (delegating authority to the Clerk to act on JMRs). On May 24, the appellant filed motions (1) to recall the order and mandate, and (2) for reconsideration of the...
THIS VERSION OF THE ORDER INCLUDES THE OCTOBER 3, 2011, ERRATA UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 10-2208 SAMUEL J. VINCENT , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . Before MOORMAN, LANCE, and SCHOELEN, Judges. ORDER On July 6, 2010, the appellant, through counsel, filed a Notice of Appeal with this Court disputing a June 8, 2010, Board of Veterans' Appeals decision. On January 26, 2011, after counsel filed an untimely brief, the Court...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 10-1462 WILLIAM E. FREEMAN , PETITIONER, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before HAGEL, MOORMAN, and LANCE, Judges. ORDER On April 30, 2010, the petitioner filed with the Court a petition for extraordinary relief in the nature of a writ of mandamus. That petition requested that the Court issue a writ directing the Secretary to accept the petitioner's Notice of Disagreement (NOD) with the appointment of a...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 10-1284 CLEVELAND D. HARVEY, PETITIONER, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, RESPONDENT. On Petition for Extraordinary Relief Before HAGEL, LANCE, and SCHOELEN, Judges. (Argued September 9, 2010 Decided January 25, 2011) ORDER The matter currently before the Court has its genesis in the Secretary's failure to expeditiously handle a remand order as required by 38 U.S.C. §§ 5109B and 7112. In June 2008, the Court issued a...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-4406 JAMES E. SAVAGE, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Argued July 28, 2010 Decided January 4, 2011) David J. Lowenstein, of Richmond, Virginia, with whom Daniel G. Krasnegor, of Charlottesville, Virginia, was on the brief for the appellant. Catherine A. Black, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel;...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-3525 RICK K. KAHANA , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Decided June 15, 2011) Sandra W. Wischow, of Richmond, Virginia, was on the brief for the appellant. Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; Nisha C. Wagle, Acting Deputy Assistant General Counsel; and Thomas E. Sullivan, all of Washington, D.C., were on...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 09-3397 TERRANCE D. MASSIE, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued September 14, 2011 Decided December 19, 2011) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Selket N. Cottle, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Kenneth A. Walsh, Deputy Assistant General Counsel, all of Washington, D....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 09-3386 MARGREIT CASTELLANO, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued June 28, 2011 Decided December 22, 2011) Norton Cutler and Michael Sink, of Denver, Colorado, for the appellant. Mark D. Vichich, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and David L. Quinn, Deputy Assistant General Counsel, were on the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-2873 RUSSELL W. BURTON , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Decided August 4, 2011) John Thomas Westermeier, of Reston, Virginia, was on the pleadings for the appellant. Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; Jeffrey J. Schueler and Carolyn F. Washington, Deputy Assistant General Counsels, and Kristen D. King-...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-2675 EDISON B. LOCKLEAR, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Argued December 9, 2010 Decided February 11, 2011) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Michele R. Katina, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Nisha C. Wagle, Deputy Assistant General Counsel, all of Washington, D....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 09-2323 CHARLES R. PEET, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HAGEL, MOORMAN, and SCHOELEN, Judges. ORDER On September 7, 2011, the Court ordered the parties to submit memoranda of law by October 7, 2011. On October 6, 2011, the parties filed a joint motion to stay further proceedings, indicating that they were in the final stages of negotiating a joint motion for remand but needed additional time...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-2169 TYRA K. MITCHELL, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Argued June 15, 2011 Decided August 23, 2011) Louis L. Campbell, of Palo Alto, California, with whom Ronald L. Smith, of Washington, D.C., was on the brief for the appellant. Brent A. Bowker, with whom William A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; Kenneth A....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 09-1813 ANDREA M. MCNAIR, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued May 25, 2011 Decided November 18, 2011) Ronald L. Smith, with whom Virginia L. Carron and Troy E. Grabow were on the brief, all of Washington, D.C., for the appellant. Kristen D. King-Holland, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-1759 STEVE W. MOUNTFORD , APPELLANT , v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Argued March 30, 2011 Decided June 21, 2011) Amy Fletcher, of Washington, D.C., for the appellant. Jessica M. Swartz, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Kenneth A. Walsh, Deputy Assistant General Counsel, all of Washington, D.C., were...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-0953 ROBERT H. ARNESON , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Argued January 25, 2011 Decided April 20, 2011) Glenn R. Bergmann and Thomas Polseno, both of Bethesda, Maryland, for the appellant. Ronen Morris, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Carolyn F. Washington, Deputy Assistant General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-0757 JAMES L. PARRISH , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Argued January 27, 2011 Decided April 22, 2011) Glenn R. Bergmann, with whom Daniel D. Wedemeyer was on the brief, both of Bethesda, Maryland, for the appellant. Lavinia A. Derr, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Richard Mayerick,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-0728 GEORGE W. BRENISER , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Argued June 14, 2011 Decided September 19, 2011) Michael P. Horan, with whom Linda E. Blauhut and Jennifer A. Zajac were on the brief, all of Washington, D.C., for the appellant. Leslie C. Rogall and Michael A. Carr, with whom Will A. Gunn, General Counsel; and R. Randall Campbell, Assistant...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-0433 RUTH HILL FREDERICK, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Argued November 23, 2010 Decided March 11, 2011) Paul M. Schoenhard, of Washington D.C., for the appellant. Robert Schneider, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and David L. Quinn, Deputy Assistant General Counsel, were on the brief, all...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 09-0404 LAWRENCE DELISIO, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued May 10, 2011 Decided August 24, 2011) Christopher Aldo Porco, of Washington, D.C., for the appellant. Rudrendu Sinhamahapatra, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Gayle E. Strommen, Deputy Assistant General Counsel, all of Washington,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-0197 DALE R. SHIPLEY , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Decided June 30, 2011) Jacques P. DePlois, of Coos Bay, Oregon, for the appellant. Pamela M. Nash, with whom R. Randall Campbell, Assistant General Counsel; and Richard Mayerick, Deputy Assistant General Counsel, all of Washington, D.C., were on the brief for the appellee. Before HAGEL, MOORMAN,...
