Lawson v. Wilkie ( 2019 )


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  •           NOTE: This order is nonprecedential.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
    

Document Info

Docket Number: 17-2387

Filed Date: 11/21/2019

Precedential Status: Non-Precedential

Modified Date: 11/21/2019