| 11/09/2023 |
| This case was submitted to a panel consisting of Chief Judge Bartley and Judges Allen and Jaquith for decision on November 7, 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) |
| 11/30/2023 |
| It is ORDERED, pursuant to Rule 34 of the Court's Rules of Practice and Procedure, that oral argument is set for Thursday, February 8, 2024, at 10:00 a.m. before the panel of Chief Judge Bartley and Judges Allen and Jaquith, in the Frank Q. Nebeker 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) |
| 01/08/2024 |
| PER CURIAM ORDERED that, in addition to all issues presented in the briefing, the parties be prepared
to discuss the foregoing issues at oral argument. (BARTLEY, ALLEN and JAQUITH) (NK) |
| 01/10/2024 |
| Appearance of Glenda S. Herl for Jeanine Frazier, in case 22-4670 as non-attorney practitioner--[Edited 01/10/2024 by GBG] (KMC) |
| 02/08/2024 |
| Case argued before Chief Judge Bartley and Judges Allen and Jaquith. (DB) |
| 05/23/2024 |
| Opinion in sum, 38 U.S.C. § 5121A allows an accrued benefits recipient to be substituted in claims
involving any benefit, including non-accrued benefits. And 38 C.F.R. § 3.1010(a) is invalid to the
extent it is inconsistent with the plain and ordinary meaning of 38 U.S.C. § 5121A. Because the
Board relied on the invalid regulation and clearly erred when it dismissed the claims for entitlement
to SAH, SHA, and automobile adaptive benefits, we REVERSE the Board's finding that appellant
cannot be substituted to continue the appeal of the claims for entitlement seeking SAH, SHA, and
automobile adaptive benefits to completion; SET ASIDE that portion of the Board's decision
dismissing those claims; and REMAND these matters for the Board to adjudicate the merits of
those claims with appellant as the substituted claimant. Additionally, we SET ASIDE that portion of the Board's decision dismissing the claim for entitlement to SMC based on housebound status
and REMAND that matter for further proceedings consistent with this decision. (BARTLEY, ALLEN and JAQUITH) (GBG) |
| 06/12/2024 |
| Motion of Appellant for reconsideration and in the alternative by Panel Motion for Panel Reconsideration (KMC) |
| 06/28/2024 |
| Supplemental authorities under Rule 30(b). (KMC) |
| 07/16/2024 |
| Supplemental authorities under Rule 30(b). (KMC) |
| 07/17/2024 |
| PER CURIAM, ORDERED that the motion for reconsideration by the panel is denied. (BARTLEY, ALLEN and JAQUITH) (GBG) |
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