U.S. Court of Appeals for the Federal Circuit, 2011

McDonald v. Dept. Of Veterans Affairs

McDonald v. Dept. Of Veterans Affairs
U.S. Court of Appeals for the Federal Circuit · Decided July 8, 2011 · Prost
431 F. App'x 912

McDonald v. Dept. Of Veterans Affairs

Opinion

ORDER

ON MOTION

John L. McDonald moves without opposition to stay proceedings in this appeal pending the court’s disposition of Cullen v. DVA, 2011-7005.

McDonald asserts that this case and Cullen involve the interpretation of 38 C.F.R. § 4.71a, involving when a claimant is entitled to more than one disability rating for a single disability within a particular diagnostic code.

Accordingly,

It is Ordered that:

(1) The motion to stay is granted. McDonald is directed to inform the court within 14 days of the disposition of Cullen how he believes this appeal should proceed. The Secretary may also respond within that time.

(2) A copy of this order shall be transmitted to the merits panel assigned to hear Cullen.

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