Hall v. Peake
Hall v. Peake
Opinion of the Court
ON MOTION
ORDER
The Secretary of Veterans Affairs responds to the court’s November 20, 2007 order and requests that the judgment of the United States Court of Appeals for Veterans Claims (CAVC) in Hall v. Nicholson, 03-1684 be summarily affirmed. Monina D. Hall also moves for summary affirmance.
This case was stayed pending the court’s disposition in Sanders v. Nicholson, 487 F.3d 881 (Fed.Cir. 2007) and its companion case Simmons v. Nicholson, 487 F.3d 892 (Fed.Cir. 2007). In Sanders, this court held that any 38 U.S.C. § 5103(a) error should be presumed prejudicial and the Secretary has the burden of rebutting this presumption. Id. at 891.
Accordingly,
IT IS ORDERED THAT:
(1) The judgment of the CAVC is summarily affirmed. The case is remanded for further proceedings.
(2) All other motions are deemed moot.
(3) Each side shall bear its own costs.
Reference
- Full Case Name
- Monina D. HALL, Claimant-Appellee v. James B. PEAKE, M.D., Secretary of Veterans Affairs
- Status
- Published