| 09/06/2023 |
| It is ORDERED, pursuant to Rule 34 of the Court's Rules of Practice and Procedure, that oral argument is set for Thursday, November 9, 2023, at 12:30 p.m. before the panel of Judges Allen, Falvey, and Laurer in the McCarten Courtroom, 1170 Eck Hall of Law, Notre Dame Law School, Notre Dame, Indiana 46556. Counsel for the parties are allotted 30 minutes each for presentation of argument. (DB) |
| 10/06/2023 |
| PER CURIAM ORDERED that counsel be prepared to discuss the above issue at oral argument along with
all other issues presented by this appeal. (ALLEN, FALVEY and LAURER) (KS) |
| 11/01/2023 |
| Appearance of Nicholas R Esterman for Denis McDonough, in case 22-3042 as co-counsel (NRE) |
| 11/09/2023 |
| Case argued before Judges Allen, Falvey, and Laurer. (DB) |
| 11/16/2023 |
| Supplemental authorities under Rule 30(b). (KMC) |
| 12/27/2023 |
| Opinion that part of the February 7, 2022, Board decision that denied a rating above 20% for type II diabetes is AFFIRMED. The panel is dissolved for the remaining issues from the Board decision and they will be addressed in the separate single judge decision. (ALLEN, FALVEY and LAURER) (TM) |
| 12/27/2023 |
| Memorandum Decision that part of the Board's February 7, 2022, decision that denied ratings above 20% for bilateral lower extremity diabetic peripheral neuropathy is SET ASIDE and the matter is REMANDED for further proceedings consistent with this decision. (FALVEY) (TM) |
| 01/18/2024 |
| Judgment (KS) |
| 03/19/2024 |
| Mandate (KS) |
| 04/18/2024 |
| Case Closed 22-3042 Mandate (SM) |
|
