Lawson v. Wilkie

U.S. Court of Appeals for the Federal Circuit

Lawson v. Wilkie

Opinion

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

DEWEY W. LAWSON, Claimant-Appellant

v.

ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee ______________________

2017-2387 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 15-4598, Judge Mary J. Schoelen. ______________________

Before NEWMAN, SCHALL, and WALLACH, Circuit Judges. PER CURIAM. ORDER In a Joint Status Report submitted on March 29, 2019, the parties expressed their views regarding the impact of Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019), on this case. Following Procopio, Congress enacted, and the Pres- ident signed, the Blue Water Navy Vietnam Veterans Act of 2019 (Pub. L. No. 116-23, 133 Stat. 966 (2019) (“the Act”)). We now remand for determination of Mr. Lawson’s entitlement to the presumption of service connection. 2 LAWSON v. WILKIE

IT IS ORDERED THAT: (1) The case is remanded to the United States Court of Appeals for Veterans Claims. On remand, the court is to stay the case pending review by the Board of Veterans Appeals of any claim by Mr. Lawson for entitlement to the presumption of service connec- tion under Procopio and the Act. Mr. Lawson shall be provided with appropriate assistance in expedi- tiously resolving his claim. (2) Each side shall bear its own costs.

FOR THE COURT

November 21, 2019 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court

Reference

Status
Unpublished