Case: 23-1445 Document: 12 Page: 1 Filed: 08/17/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MARCOS GREENIDGE,
Claimant-Appellant
v.
DENIS MCDONOUGH, Secretary of Veterans Af-
fairs,
Respondent-Appellee
______________________
2023-1445
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 20-7820, Judge Joseph L. Toth.
______________________
ON MOTION
______________________
Before CHEN, MAYER, and STOLL, Circuit Judges.
PER CURIAM.
ORDER
The Secretary of Veterans Affairs moves unopposed
for remand to allow the United States Court of Appeals
for Veterans Claims the opportunity to “address the
effects, if any, of Halpern[ v. Principi,
313 F.3d 1364 (Fed.
Cir. 2002),] and other relevant binding precedent on [the]
Case: 23-1445 Document: 12 Page: 2 Filed: 08/17/2023
2 GREENIDGE v. MCDONOUGH
decision, and, if appropriate, to address in the first in-
stance whether [Marcos] Greenidge qualifies as a prevail-
ing party for the purposes of EAJA.” Mot. at 5.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted to the extent that the case
is remanded to the Court of Appeals for Veterans Claims
to reconsider its decision in light of the arguments and
precedent raised in the motion and this order.
(2) Each side shall bear its own costs.
FOR THE COURT
August 17, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Clerk of Court
ISSUED AS A MANDATE: August 17, 2023
