LAWSON v. WILKIE (2019)

United States Court of Appeals, Federal Circuit.

Dewey W. LAWSON, Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee

2017-2387

Decided: November 21, 2019

Before Newman, Schall, and Wallach, Circuit Judges.

Chris Attig, Attorney, Attig Steel, PLLC, Little Rock, AR, for Claimant - Appellant Amanda Tantum, Esq., Trial Attorney, Martin F. Hockey, Jr., Assistant Director, Robert Edward Kirschman, Jr., Director, Shari A. Rose, Esq., Trial Attorney, Department of Justice, Commercial Litigation Branch, Civil Division, Washington, DC, Brian D. Griffin, Deputy Chief Counsel, Bryan Thompson, Attorney, Department of Veterans Affairs, Office of General Counsel, Chad A. Readler, Acting Assistant Attorney General, U.S. Department of Justice, Civil Division, Washington, DC, for Respondent - Appellee

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 President 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.

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 connection under Procopio and the Act. Mr. Lawson shall be provided with appropriate assistance in expeditiously resolving his claim.

(2) Each side shall bear its own costs.

Per Curiam.

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