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27 Vet. App. 460

Jackson v. McDonald

United States Court of Appeals for Veterans Claims · decided 2015-08-11

Applies 38 U.S.C. § 5904

Relies on Francis M. Jackson v. Eric K. Shinseki

Decided 2015-08-11

¶1ORDER

PER CURIAM:

¶2The appellant, Francis M. Jackson, appealed through counsel a November 15, 2011, Board of Veterans’ Appeals (Board) decision that denied his claim for eligibility for payment of attorney fees pursuant to 38 U.S.C. § 5904(d). On March 6, 2014, the Court affirmed the Board’s decision. Jackson v. Shinseki, 26 Vet.App. 460 (2014). Mr. Jackson appealed that decision to the U.S. Court of Appeals for the Federal Circuit (Federal Circuit). On June 2, 2015, the Federal Circuit reversed this Court’s March 2014 decision. Jackson v. McDonald, — Fed.Appx. -, No. 2014-7088, 2015 WL 3461914 (Fed.Cir. June 2,2015).

¶3Upon consideration of the foregoing, it is

¶4ORDERED that the Board’s November 15, 2011, decision is REVERSED and the matter is REMANDED to the Board for disposition consistent with the Federal Circuit’s decision.

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