| 03/06/2023 |
| Appellant's response to the Record of Proceeding (KHD) |
| 03/07/2023 |
| Assigned case to Judge Toth (SEY) |
| 06/08/2023 |
| It is ORDERED that this case is submitted to the panel of Judges Toth, Falvey, and Jaquith for decision. (DB) |
| 06/14/2023 |
| This case was submitted to a panel consisting of Judges Toth, Falvey, and Jaquith for decision on June 8, 2023. Pursuant to Rule 34 of the Court's Rules of Practice and Procedure, the Clerk will schedule oral argument as the business of the Court permits. (DB) |
| 06/29/2023 |
| It is ORDERED, pursuant to Rule 34 of the Court's Rules of Practice and Procedure, that oral argument is set for Friday, September 15, 2023, at 10:00 a.m. before the panel of Judges Toth, Falvey, 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. (REVOKED PER COURT ORDER DATED 08/28/2023)--[Edited 08/28/2023 by AMN] (DB) |
| 08/25/2023 |
| On June 8, 2023, this case was submitted to the panel of Judges Toth, Falvey and Jaquith for decision. On June 29, 2023, oral argument before that panel was scheduled for Friday, September 15, 2023, in Washington, D.C. It is ORDERED that Judge Allen is designated in Judge Toth’s stead. It is further ORDERED that the June 29, 2023, order is revoked, and oral argument scheduled for Friday, September 15, 2023, at 10:00 a.m. is canceled. It is further ORDERED, pursuant to Rule 34 of the Court's Rules of Practice and Procedure, that oral argument is set for Thursday, October 5, 2023, at 10:00 a.m. before the panel of Judges Allen, Falvey, and Jaquith at The University of Florida Levin College of Law, in the Martin Levin Advocacy Center, Courtroom 106, located at 411 Village Drive, Gainesville, Florida. Counsel for the parties are allotted 30 minutes each for presentation of argument. (GOB) (DB) |
| 10/05/2023 |
| Case argued before Judges Allen, Falvey, and Jaquith. (DB) |
| 11/14/2023 |
| Opinion In sum, 38 C.F.R. § 14.636(c)(2)(ii) is invalid because it contravenes the plain and ordinary meaning of 38 U.S.C. § 5904(c)(1), which permits paid representation once a claimant receives notice of the AOJ's "initial decision . . . with respect to the case." Because the Board relied on the invalid regulation in reaching its August 2021 decision, we REVERSE its decision that appellant is not entitled to a fee under the terms of the regulation that purports to implement section 5904(c)(1). We REMAND this matter for the Board to address appellant's fee request anew, including under the terms of the fee agreement itself as appropriate, without regard to the now invalidated § 14.636(c)(2)(ii). (ALLEN, FALVEY and JAQUITH) (JM) |
| 12/05/2023 |
| Motion of Appellee to ext time to file response until 01/19/2024 to Appellee's Unopposed Motion for a 45-day Extension of Time, until January 19, 2024, to File a Motion for Reconsideration and/or Full Court Review Under Vet. App. R. 35 (JRD) |
| 12/05/2023 |
| Judge's stamp for the Panel order granting motion to extend time to file response to motion until 01-19-2024. (ALLEN) (SNT) |
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