ORDER

The Secretary of Veterans Affairs responds to the court’s December 3, 2007 order and requests that the court summarily affirm the judgment of the United States Court of Appeals for Veterans Claims in McCarley v. Principi, 02-245 (July 20, 2004).

The Board of Veterans’ Appeals denied James P. McCarley’s claims for financial assistance in the purchase of an automobile or other conveyance and for specially adapted housing or a special home-adaptation grant. The Court of Appeals for Veterans Claims vacated the Board’s decision in part and remanded the case to the Board, and the Secretary appealed.

This case was stayed pending the court’s disposition in Roan v. Principi, 2004-7093, which 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).

Summary affirmance of a case is appropriate “when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.” Joshua v. United States, 17 F.3d 378, 380 (Fed.Cir. 1994). The Secretary concedes that summary affirmance is appropriate in this case.

Accordingly,

IT IS ORDERED THAT:

(1) The stay of proceedings is lifted.

(2) The judgment of the Court of Appeals for Veterans Claims is summarily affirmed. The case is remanded.

(3) Each side shall bear its own costs.