| 01/24/2019 |
| JOINT MOTION TO VACATE; REVERSE, IN PART; REMAND, IN PART; AND DISMISS, IN PART (JRD) |
| 02/13/2019 |
| ORDERED that the motion to vacate; reverse, in part; remand, in part; and dismiss in part
is granted. The Board's November 9, 2017, finding that that the issue of the appellant's entitlement
to an effective date earlier than November 25, 1996, for the grant of service connection for PTSD
was not on direct appeal is reversed. The matters agreed to be remanded by the parties in the
JMPR are indeed remanded, pursuant to 38 U.S.C. § 7252(a), for action consistent with the terms
of the joint motion. See Forcier v. Nicholson, 19 Vet.App. 414, 425 (2006); Stegall v. West, 11
Vet.App. 268, 271 (1998). The remainder of the appeal is dismissed. This order is the mandate
of the Court. An application pursuant to 28 U.S.C. § 2412(d), the Equal Access to Justice Act
(EAJA), for award of attorney fees and other expenses shall be submitted for filing with the Clerk
not later than 30 days from the date of this order (GREENBERG) (ARW) |
| 02/13/2019 |
| Mandate (ARW) |
| 02/19/2019 |
| Application for atty's fees under EAJA. (TRG) |
| 03/18/2019 |
| Mot of Appellee to ext time to file a response to EAJA applic. Requested date 05/06/2019. (JRD) |
| 03/18/2019 |
| Clerk's stamp ord granting motion to ext time to file EAJA response until 5/6/19 (ARW) |
| 05/06/2019 |
| Appellee's response to EAJA applic (JRD) |
| 05/20/2019 |
| Ordered that the EAJA application is granted (GOB) (C) |
| 05/20/2019 |
| EAJA Mandate (C) |
| 05/20/2019 |
| Case Closed 18-4 Mandate EAJA (C) |
|
