Deanna R. Polovick v. R. James Nicholson ( 2006 )

KASOLD, Judge,

dissenting;

I respectfully dissent from the Court’s decision dismissing this case on the rationale that it does not present a case or controversy. The Secretary filed a motion to dismiss this case because the Board vacated its own decision a day prior to the filing of .this appeal, and the appellant opposes the motion. Thus, the validity of the Board’s vacatur is squarely presented, and the Court should address it. Accordingly, I respectfully dissent.