||Appearance of Brandon A Jonas for Denis McDonough, in case 21-1411 as co-counsel (BAJ)|
||Opinion for review by panel that the Secretary's motion for reconsideration is granted. The Court withdraws its January 30, 2023, decision and issues this decision in its place.
For the reasons discussed above, the Court VACATES the June 15, 2020, Board decision
and REMANDS the matter for the Board to consider Ms. Encarnacion's July 2018 NOD in
accordance with Ratliff, since we deem any Board action taken on that issue while it was pending
before the Court to be void. The Court's October 21, 2022, order prohibiting the Board from taking
action related to this case while it has been under consideration here is revoked. (TOTH, FALVEY and JAQUITH) JAQUITH, Judge, filed a concurring opinion.
FALVEY, Judge, filed an opinion concurring in part and dissenting in part. (SNT)|
||Appearance of Clifton A Prince for Denis McDonough, in case 21-1411 as lead counsel (CAP)|
||Application for atty's fees under EAJA. (MA)|
||Appellee's response to EAJA applic (CAP)|
||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. (TMW) (SNT)|
||EAJA Mandate (SNT)|
||Case Closed 21-1411 Mandate EAJA (SNT)|