| 09/11/2023 |
| It is ORDERED, pursuant to Rule 34 of the Court's Rules of Practice and Procedure, that oral argument is set for Tuesday, November 14, 2023, at 2:00 p.m. before the panel of Judges Pietsch, Toth, and Jaquith, in the Courtroom at Suite 900, 625 Indiana Avenue, NW, Washington, DC 20004, subject to change at the Court's discretion. Counsel for the parties are allotted 30 minutes each for presentation of argument. (DB) |
| 10/13/2023 |
| Appearance of Kaitlyn C Degnan for Mai De Hart, in case 21-6249 as co-counsel (KCD) |
| 10/13/2023 |
| Notice of Samuel L. Agostini to withdraw as counsel (BLH) |
| 11/01/2023 |
| Appearance of Jenna E Zellmer for Mai De Hart, in case 21-6249 as co-counsel (JEZ) |
| 11/13/2023 |
| At the direction of the Court, it is ORDERED that the Court's order entered on September 11, 2023, scheduling oral argument for Tuesday, November 14, 2023, at 2:00 p.m. is revoked and oral argument is postponed. It is further ORDERED that the Clerk will reschedule oral argument as the business of the Court permits. (DB) |
| 11/14/2023 |
| 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, 2023, at 2:00 p.m. before the panel of Judges Pietsch, Toth, and Jaquith, in the Courtroom at Suite 900, 625 Indiana Avenue, NW, Washington, DC 20004, subject to change at the Court's discretion. Counsel for the parties are allotted 30 minutes each for presentation of argument. (DB) |
| 11/15/2023 |
| Case argued Case argued before Judges Pietsch, Toth, and Jaquith. (DB) |
| 07/23/2024 |
| Opinion that the June 9, 2021, Board decision did not address the effective date assigned for right leg radiculopathy compensation, the Court discerns no error and AFFIRMS that aspect of the decision. The panel is dissolved for the remaining issues from the Board decision and they will be addressed in the separate single judge decision. (PIETSCH, TOTH and JAQUITH) (JAQUITH, Judge, dissenting) (MA) |
| 07/23/2024 |
| Assigned case to Judge Toth (SL) |
| 07/23/2024 |
| Memorandum Decision that the portions of the Board's June 9, 2021, decision denying an initial rating higher than 10% for lumbar spondylolisthesis prior to March 7, 2019, and higher than 20% thereafter, and an initial PTSD rating higher than 50% are VACATED, and the matters are REMANDED for further adjudication consistent with this opinion. The balance of the appeal is DISMISSED. (TOTH) (MA) |
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