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United States Court of Appeals for Veterans Claims
Case Number:21-1411 Docketed: 02/27/2021
Carmen L. Encarnacion v. Denis McDonough
Appeal From: Department of Veteran Affairs
Fee Status: dfh
Case Type Information:
     1) NOA - Veterans Appeal
     2) -
     3) -

10/03/2022 Open Document Notice or other pleading by Appellant Solze Notice (JNG)
10/06/2022 Open Document PER CURIAM Ordered at oral argument, appellant's counsel is free to raise any matters related to substitution as well as any issues affecting the jurisdiction of this Court or the Board. Relatedly, the parties should be prepared to discuss generally the propriety and significance of the Board's findings with regard to substitution in light of governing law. See 38 U.S.C. § 5121A, 38 C.F.R. § 3.1010 (2022). Additionally, the parties should be prepared to discuss whether the rulings cited above mark a concession by the Secretary of the nature identified in Breedlove v. Shinseki, 24 Vet.App. 7, 21 (2010) (The determination of whether a party is an eligible accrued-benefits claimant is "a factual determination that, unless conceded by the Secretary on appeal, must be made by VA in the first instance."). (TOTH, FALVEY and JAQUITH) (SNT)
10/07/2022 Open Document Ordered (GOB)On September 16, 2022, it was ordered that oral argument would be heard at Syracuse University College of Law, on Thursday, October 27, 2022, before the panel of Judges Toth, Falvey, and Jaquith at a time to be determined. It is ORDERED, that oral argument will commence at 12:15 p.m. on October 27, 2022, in the Melanie Gray Courtroom at Syracuse University College of Law, Dineen Hall, 950 Irving Avenue, Syracuse, New York. Counsel for the parties are allotted 30 minutes each for presentation of argument. (DB)
10/12/2022 Open Document Appearance of Samantha Higgs for Carmen L. Encarnacion, in case 21-1411 as co-counsel (SH)
10/13/2022 Open Document Notice or other pleading by Appellant Solze Notice (JNG)
10/13/2022 Open Document Notice or other pleading by Appellee Solze Notice (AR)
10/21/2022 Open Document PER CURIAM ORDERED that the Board of Veterans Appeals take no action related to any claim or issue currently pending before this Court relating to this case. If the Board intends to take action in this matter while it remains pending before this Court, it can move to do so in accordance with the procedures spelled out in Cerullo, 1 Vet.App. at 200—01. Further, it is ORDERED that the parties should be prepared to discuss the legal implications, if any, of the Board's October 13 letter. (TOTH, FALVEY and JAQUITH) (SEY)
10/27/2022    Case argued before Judges Toth, Falvey, and Jaquith. (DB)
11/08/2022 Open Document Opposed motion of Appellant for leave to file Supplemental Brief (JNG)
11/10/2022 Open Document Response by Appellee to Appellant's November 8, 2022, motion for leave to file a supplemental brief (AR)