Jackson v. DVA ( 2012 )


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  • NOTE: This order is nonprecedential
    United States Court of Appeals
    for the Federal Circuit
    EDWARD H. JACKSON,
    Clc.',imant-Appellant,
    V.
    ERIC K. SHINSEKI, SECRETARY OF VETERAN
    AFFAIRS, "
    Respondent-Appellee.
    2012-7056
    Appeal from the United States Court of Appeals for
    Veterans Claims in case no. 10-2663, Chief Judge Bruce
    E. Kasold.
    ON MOTION
    Before NEWMAN, Circu,it Judge.
    0 R D E R
    The Secretary of Veterans Affairs moves to waive the
    requirements of Fed. Cir. R. 27(f) and to dismiss Edward
    H. Jackson’s appeal for lack of jurisdiction Jackson has
    not filed a resp0nse.
    JACKSON V. DVA 2
    We deem it the better course to deny the Secretary’s
    motion without prejudice and request that the Secretary
    file a brief Based upon the papers submitted, we note
    that the appeal might present a legal question with
    regard to whether the Veterans Court and Board properly
    determined Jackson was not competent to relate his
    current back disability to his period of serVice. The
    Secretary may of course raise any jurisdictional issues in
    his brief.
    Accordingly,
    IT Is ORDERED THAT:
    (1) The motion is denied.
    (2) The Secretary’s brief is due within 40 days from
    the date of filing of this order.
    FoR THE CoURT
    1 8  /s/ Jan Horbaly
    Date J an Horbaly
    C]erk
    cc: Edward H. Jackson
    Jeffrey D. Klingman, Esq.
    ' LE.D
    319 "#,s“szl§.:l".':.e‘er°“
    JUL l 82012
    JAN HUHBAI.Y
    CLEHK
    

Document Info

Docket Number: 2012-7056

Filed Date: 7/18/2012

Precedential Status: Non-Precedential

Modified Date: 4/17/2021