Case: 21-2229 Document: 28 Page: 1 Filed: 04/01/2022

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ ALYSIA Y. WILLIAMS, Petitioner v. DEPARTMENT OF VETERANS AFFAIRS, Respondent ______________________ 2021-2229 ______________________ Petition for review of an arbitrator’s decision in No. 200610-06970 by John T. Nicholas. ______________________ ON MOTION ______________________ Before PROST, REYNA, and CUNNINGHAM, Circuit Judges.

CUNNINGHAM, Circuit Judge.

ORDER The Department of Veterans Affairs moves unopposed to waive the requirements of Federal Circuit Rule 27(f) and remand to allow the arbitrator to reevaluate his determi- nation concerning the standard of proof and the penalty choice of removal in light of this court’s intervening deci- sions in Rodriguez v. Department of Veterans Affairs, 8 Case: 21-2229 Document: 28 Page: 2 Filed: 04/01/2022

2 WILLIAMS v. DVA

F.4th 1290 (Fed. Cir. 2021), and Connor v. Department of Veterans Affairs, 8 F.4th 1319 (Fed. Cir. 2021).

Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded to the arbitrator for further proceedings consistent with the mo- tion and this order. (2) Each side shall bear its own costs.

FOR THE COURT April 1, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court ISSUED AS A MANDATE: April 1, 2022