Opinion

Thomas v. Brown

  • 9 Vet. App. 67
  • 1996 U.S. Vet. App. LEXIS 213
  • 1996 WL 166735
Court
United States Court of Appeals for Veterans Claims
Filed
Apr 9, 1996
Status
Published
On the bench
Farley, Mankin, Steinberg
Cited by
0 cases
Authority
More cited than 13.1%

The opinion

ORDER

PER CURIAM.

On March 19,1996, the Court consolidated the above-captioned cases. On March 28, 1996, the Secretary filed a motion for leave to respond to the parties’ petitions for extraordinary relief.

Upon consideration of the pleadings, it is

ORDERED that the Secretary’s motion for leave to respond to the parties’ petitions for extraordinary relief is granted. It is further

ORDERED that, within 30 days after the date of this order, the Secretary file (and serve on the other parties) a response to the petitions. The response shall address, but not be limited to, the following:

Whether 38 U.S.C. § 7104 requires VA to allow the petitioners’ appeal of the issue of “clear and unmistakable error” in the respective VA regional office decisions to proceed (by issuing a Statement of the Case) despite the apparent lack of legal merit to the claim. See Smith (William) v. Brown, 35 F.3d 1516, 1527 (Fed.Cir. 1994); Duran v. Brown, 7 Vet.App. 216 (1994); Winslow v. Brown, 8 Vet.App. 469 (1996).

It is further

ORDERED that, within 30 days after service of the Secretary’s response, the other parties may file replies.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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