Kakuk v. Dept. Of Veterans Affairs

NOTE: This order is nonprecedential United States Court of Appeals for the FederaI Circuit FRANK J. KAKUK, Claimant-Appellan,t, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Resp0ndent-Appellee. 2010-7023 Appeal from the United States Court of Appeals for Veterans C1aims in case no. 07-1126, Judge `Alan G. Lance, Sr. ON MOTION Before LoUR11:, GAJARSA, and L1NN, Circuit Judges. PER CURiAM. 0 R D E R The Secretary of VeteranS Affairs moves without op- position to vacate the decision of the United States Court of Appea1s for Veterans ClaimS and to direct that court to KAKUK V. DVA 2 remand to the Board of Veterans’ Appea1s with orders to remand to the Regional Office for further proceedings Kakuk sought service connection for Parkinson’s Dis- ease based upon, among other things, exposure to herbi- cides during his service in Vietnam. The Board denied service connection, finding insufficient evidence to estab- lish a nexus between his disease and his service. The Court of Appeals for Veterans C1aims affirmed. Kakuk appealed to this court. This court granted the Secretary's motion to stay the briefing schedule pending the Department of Veterans Affairs’ publication in the Federal Register of a final rule regarding presumptions of service connection based upon exposure to herbicides Recently, the Department of Veterans Af`f'airs published a final rule affording a pre- sumption of service connection for Parkinson’s Disease based upon exposure to herbicides The Secretary now argues that the final rule "may provide Mr. Kakuk with the nexus currently lacking between his disability and his military service and may eliminate the need for this Court to address his arguments regarding prejudicial error and the adequacy of the medical exam." We agree. Accordingly, IT ls ORDERED THAT: The motion is granted FoR THE CoUR'r 0 9 /s/ Jan Horbal_v; Date J an Horbaly Clerk cc: Richmond J. Brownson, Esq. Meredyth Cohen Havasy, Esq. lssued As A Mandate: FEB 0 9 l.l3. ®lJR‘Pk§J?PEALS FDR THE FED?RAL _C|RCUlT FEB @9`2ll\\ JAuHonBALv' cum