ORDER

The Secretary of Veterans Affairs moves without opposition to withdraw his appeal pursuant to the Solicitor General’s decision not to file a petition for a writ of certiorari in Allen v. Principi 237 F.3d 1368 (Fed. Cir. 2001), involving issues similar to those presented in this appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.