Alesse v. Principi
Opinion of the Court
ORDER
The Secretary of Veterans Affairs moves to vacate the Court of Appeals for Veterans Claims’ decision in Alesse v. Principi, 01-1731 (January 28, 2003) and have the case remanded for further proceedings consistent with this court’s decision in Conway v. Principi, 353 F.3d 1369 (Fed. Cir. 2004).
To the extent the parties request remand for consideration of additional issues not related to Conway, the court makes no ruling. These issues may be raised before the Court of Appeals for Veterans Claims on remand.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The Secretary’s motion to vacate and remand the case is granted.
(2) Alesse’s motion to lift the stay is granted.
(3) Alesse’s motion to remand is moot.
Before filing the motion to vacate and remand, the Secretary sought a continuance of the stay, which Alesse opposed. The motion to continue the stay is granted.
Reference
- Full Case Name
- Hildegarde E. ALESSE, Claimant-Appellee v. Anthony J. PRINCIPI, Secretary of Veterans Affairs
- Status
- Published