08/21/2017 |
| It is ORDERED that this case is submitted to a panel for decision. Pursuant to Rule 34 of the Court's Rules of Practice and Procedure, the Clerk will schedule oral argument as the business of the Court permits. (GOB) (DB) |
09/12/2017 |
| It is ORDERED, pursuant to Rule 34 of the Court's Rules of Practice and Procedure, that oral argument is set for Wednesday, November 15, 2017, at 10:00 a.m. in the Courtroom at Suite 900, 625 Indiana Avenue, NW, Washington, DC 20004. Counsel for the parties are allotted 30 minutes each for presentation of argument. (GOB) (DB) |
09/12/2017 |
| Appearance of Attorney(s) Zachary M Stolz for party(s) Appellant Francisco L. Marcelino, in case 16-2149 as lead counsel (ZMS) |
11/08/2017 |
| PER CURIAM ORDERED To assist the Court in its review, the parties should be prepared to discuss whether the Court
has jurisdiction to review whether VA should consider obesity a disability under the rating
schedule, in addition to the other issues raised in the parties' briefing. (MVL) |
11/08/2017 |
| Appellee's Notice of Supplemental authorities under Rule 30(b).--[Edited 11/09/2017 by MVL] (OY) |
11/15/2017 |
| Case argued before Judges Schoelen, Pietsch and Bartley. (DB) |
01/23/2018 |
| Opinion that the Court holds that it lacks jurisdiction to review
Mr. Marcelino's challenge to the rating schedule. The April 5, 2016, decision of the Board that
denied service connection for obesity for the purpose of VA compensation is AFFIRMED. (SCHOELEN, PIETSCH and BARTLEY) (MVL) |
02/14/2018 |
| Judgment (MVL) |
04/17/2018 |
| Mandate (MVL) |
04/17/2018 |
| Case Closed 16-2149 Mandate (MVL) |