Rudisill v. McDonough

Opinion

Case: 20-1637 Document: 105 Page: 1 Filed: 06/04/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JAMES R. RUDISILL, Claimant-Appellee

v.

DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellant ______________________

2020-1637 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 16-4134, Senior Judge Mary J. Schoelen, Chief Judge Margaret C. Bartley, Judge Michael P. Allen. ______________________

SUA SPONTE ______________________

Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA, TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and STARK, Circuit Judges. 1

1 Circuit Judge Newman did not participate. Case: 20-1637 Document: 105 Page: 2 Filed: 06/04/2024

ORDER Upon consideration of the judgment and mandate of the Supreme Court of the United States in James R. Rudisill v. Denis R. McDonough, No. 22-888, reversing and remanding to this court for further proceedings consistent with the opinion of the Supreme Court, IT IS ORDERED THAT: (1) The mandate of this court issued on February 6, 2023, is recalled, the appeal is reinstated, and this court’s December 15, 2022, opinion and judgment in Case No. 20- 1637 are vacated. (2) The case is remanded to the Court of Appeals for Veterans Claims to award relief to Mr. Rudisill in accord- ance with the Supreme Court’s judgment. The mandate shall issue 14 days from the date of this order.

FOR THE COURT

June 4, 2024 Date