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12 Vet. App. 500

Donovan v. West

United States Court of Appeals for Veterans Claims · decided 1999-07-29

Cited by 2 later decisions — most recently April 2002

Key passage — most relied on by later courts

“[s]hould the motion for reconsideration be denied in whole or in part, the Appellee respectfully moves for a full Court review of the panel decision”

quoted by 1 later decision, including Snyder v. Principi

Relies on 11 Vet. App. 481 - Donovan v. West

Good law ✅— No negative treatment on recordhow we know

Decided 1999-07-29

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¶1ORDER

NEBEKER, Chief Judge:

¶2After the Court issued its opinion in Donovan v. West, 11 Vet.App. 481 (1998) (Donovan I), the Secretary filed a motion for reconsideration and an alternative motion for a full Court decision. The Secretary’s motion specifically provided:

[The Secretary], respectfully moves for reconsideration of the October 8, 1998 panel decision to the extent that the Court held that a veteran may appeal to the Board and then the Court, a VA decision not to accept a deed in lieu of foreclosure. Should the motion for reconsideration be denied in whole or in part, the Appellee respectfully moves for a full Court review of the panel decision under U.S. Vet.App. R. 35(c).

¶3Motion at 8 (emphasis added).

¶4On June 15, 1999, the Court granted the Secretary’s motion for reconsideration and issued a second panel opinion in Donovan v. West, 1999 WL 446035, No. 95-519 (June 15, 1999) (Donovan II). The Court, however, specifically held in Donovan II that the Donovan I decision remains valid and controlling and will not be withdrawn. Because the opinion in Donovan II did not grant the entire relief sought in the Secretary’s motion for reconsideration, the alternative motion for a full Court decision was circulated to the full Court and a majority of the Court voted to grant it.

¶5Upon consideration of the foregoing and the record on appeal, it is

¶6ORDERED that the Secretary’s motion for a full Court decision is GRANTED. It is further

¶7ORDERED that the Court’s opinions in Donovan I and Donovan II are withdrawn.

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