¶1ON MOTION
¶2ORDER
¶3The Secretary of Veterans Affairs responds to the court’s December 3, 2007 order and requests that the judgment of the United States Court of Appeals for Veterans Claims (CAVC) in Joyce v. Principi, 02-309 be summarily affirmed. Lillie B. Joyce has not responded.
¶4This case was stayed pending the court’s disposition in Roan v. Principi, 2004-7093, which was stayed pending the court’s disposition in Sanders v. Nicholson, 487 F.3d 881 (Fed.Cir.2007) and its companion case Simmons v. Nicholson, 487 F.3d 892 (Fed. Cir.2007). In Sanders, this court held that any 38 U.S.C. § 5103(a) error should be presumed prejudicial and the Secretary has the burden of rebutting this presumption. Id. at 891.
¶5The Secretary concedes that the only issue raised in this appeal is identical to the issue decided in Sandersand Simmons. Under these circumstances, summary affirmance is appropriate.
¶6Accordingly,
¶7IT IS ORDERED THAT:
¶8(1) The stay of proceedings is lifted.
¶9(2) The judgment of the GAVC is summarily affirmed. The case is remanded for further proceedings.
¶10(3) Each side shall bear its own costs.