# Brown v. Peake

> Court of Appeals for the Federal Circuit · March 11, 2008 · 273 F. App'x 924

URL: https://www.frixlaw.com/law-library/cases/8643190

## Case

- **Full name:** Dominick D. BROWN, Claimant-Appellee v. James B. PEAKE, M.D., Secretary of Veterans Affairs
- **Court:** Court of Appeals for the Federal Circuit
- **Decided:** March 11, 2008
- **Citations:** 273 F. App'x 924
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8643190

## Opinion text

ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs responds to the court’s December 5, 2007 order and requests that the judgment of the United States Court of Appeals for Veterans Claims (CAVC) in Brown v. Principi, 18 Vet.App. 465 (2008) be summarily affirmed. Dominick D. Brown has not responded.
This case was stayed pending the court’s disposition in Roan v. Principi, 2004-7093, which was stayed pending the court’s disposition in Sanders v. Nicholson, 487 F.3d 881 (Fed.Cir.2007) and its companion case Simmons v. Nicholson, 487 F.3d 892 (Fed. Cir.2007). In Sanders , this court held that any 38 U.S.C. § 5103 (a) error should be presumed prejudicial and the Secretary has the burden of rebutting this presumption. Id. at 891.
The Secretary concedes that the only issue raised in this appeal is identical to the issue decided in Sanders and Simmons . Under these circumstances, summary affirmance is appropriate.
Accordingly,
IT IS ORDERED THAT:
(1) The stay of proceedings is lifted.
(2) The judgment of the CAVC is summarily affirmed. The case is remanded for further proceedings.
(3) Each side shall bear its own costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8643190. Public record. Not legal advice.