Case: 24-1028 Document: 11 Page: 1 Filed: 02/12/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ KITTOM SMITH, JR., Claimant-Appellant v. DENIS MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee ______________________ 2024-1028 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 22-4816, Judge Michael P. Allen. ______________________ ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b).

Case: 24-1028 Document: 11 Page: 2 Filed: 02/12/2024

2 SMITH V. MCDONOUGH

(2) Each side shall bear their own costs.

FOR THE COURT

February 12, 2024 Date

ISSUED AS A MANDATE: February 12, 2024