| 05/07/2021 |
| Notice or other pleading by Appellee Motion for Reconsideration by the Panel of part of the April 16, 2021, Decision (JGS) |
| 05/18/2021 |
| ORDERED that the motion for reconsideration by the panel is denied. PER CURIAM.MEREDITH, Judge, dissenting: For the reasons outlined in my dissent to the panel
opinion, I believe existing precedent compels the conclusion that the Board of Veterans' Appeals
did not have jurisdiction to address on the merits the unappealed, downstream issue of the
appropriate rating for bilateral radiculopathy and, therefore, would have granted the Secretary's
motion for reconsideration. See Chavis v. McDonough, __ Vet.App. __, __, No. 18-2928,
2021 WL 1432578, at *14-18 (Apr. 16, 2021); U.S. VET. APP. R. 35(e)(1). I thus respectfully
dissent. (BARTLEY, MEREDITH and FALVEY) (AMN) |
| 05/25/2021 |
| Judgment (AMN) |
| 07/27/2021 |
| Mandate (AMN) |
| 07/27/2021 |
| Appearance of Danielle M Gorini for Michael L. Chavis, in case 18-2928 as co-counsel (DMG) |
| 07/28/2021 |
| Application for atty's fees under EAJA. (DMG) |
| 08/25/2021 |
| Appellee's response to EAJA applic (JGS) |
| 09/03/2021 |
| Ordered that the appellant's application is granted in the amount sought. Under Rule 41(b) of the Court's Rules of Practice and Procedure, this is the mandate of the Court. (GOB) (SEY) |
| 09/03/2021 |
| EAJA Mandate (SEY) |
| 09/03/2021 |
| Case Closed 18-2928 Mandate EAJA (SEY) |
|
