Case: 13-7147 Document: 13 Page: 1 Filed: 12/20/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
NATHANIEL JAMES,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
______________________
2013-7147
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 12-1574, Judge Alan G. Lance, Sr.
______________________
ON MOTION
______________________
Before MOORE, LINN and O’MALLEY, Circuit Judges.
LINN, Circuit Judge.
ORDER
Nathaniel James appeals from a decision of the Unit-
ed States Court of Appeals for Veterans Claims (“Veter-
ans Court”) denying his entitlement to an increased
disability rating. The Secretary of Veterans Affairs
(“Secretary”) moves without opposition to remand the case
Case: 13-7147 Document: 13 Page: 2 Filed: 12/20/2013
2 JAMES v. SHINSEKI
for additional proceedings consistent with Nat’l Org. of
Veterans’ Advocates, Inc. v. Sec’y of Veterans Affairs, 725
F.3d 1312 (Fed. Cir. 2013) (“NOVA”).
In NOVA, this court approved a remedial plan offered
by the Secretary to correct the application of an invalid
rule eliminating veterans’ procedural due process and
appellate rights provided under 38 C.F.R. § 3.103(c)(2).
As part of that plan, the Secretary agreed to identify and
offer to remand cases affected by the invalid rule, such as
the instant appeal, for purposes of providing claimants
with a new hearing and an opportunity to submit new
evidence followed by a new decision. In accordance with
NOVA, this court grants the Secretary’s unopposed mo-
tion for remand. Upon remand from this court and then
from the Veterans Court to the Board of Veterans’ Ap-
peals (“Board”), the Secretary will provide James with the
requisite notice and available remedies provided in the
approved remedial plan.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The case is remanded to
the Veterans Court with direction to remand the case to
the Board for additional proceedings consistent with
NOVA and this order.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26
ISSUED AS MANDATE: December 20, 2013