Error: Expected the default config, but wasn't able to find it, or it isn't a Dictionary
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-7055
LUCIA S. DEVILLENA,
Claimant-Appellee,
v.
R. JAMES NICHOLSON,
Secretary of Veterans Affairs,
Respondent-Appellant.
ON MOTION
Before RADER, Circuit Judge.
ORDER
The Secretary of Veterans Affairs moves without opposition to stay proceedings
in this appeal pending the court’s disposition of Vincent v. Nicholson, 2006-7166.
The Secretary asserts that this case and Vincent involve the same issue,
specifically, whether the United States Court of Appeals for Veterans Claims correctly
concluded that applying a regulatory amendment made in 2000 to claims for
dependency and indemnity compensation that were pending on the date of the
amendment would be unlawfully retroactive.
We note that the court heard oral argument in Vincent on January 10, 2007. We
agree with the Secretary that a stay of proceedings is appropriate.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to stay is granted. The Secretary is directed to inform the
court within 30 days of the disposition of Vincent how he believes this appeal should
proceed. The appellee may also respond within that time.
(2) A copy of this order shall be transmitted to the merits panel that heard
Vincent.
February 15, 2007 /s/ Randall R. Rader
Date Randall R. Rader
Circuit Judge
cc: Michael R. Viterna, Esq.
Kyle E. Chadwick, Esq.
s17
2007-7055 2