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273 F. App'x 871

Coates v. Peake

U.S. Courts of Appeals

Decided March 5, 2008

U.S. Courts of Appeals · decided 2008-03-05

Applies 38 U.S.C. § 5103

Relies on Sanders v. Nicholson · Simmons v. Nicholson

Decided 2008-03-05

PER CURIAM.

¶1ORDER

¶2Allen J. Coates and the Secretary of Veterans Affairs each respond to the court’s December 3, 2007 order and request that the court summarily affirm the judgment of the United States Court of Appeals for Veterans Claims in Coates v. Nicholson, 03-1181, 2005 WL 1266815 (Mar. 18, 2005).

¶3The Board of Veterans’ Appeals denied entitlement to a rating in excess of 30% for post-traumatic stress disorder. The Court of Appeals for Veterans Claims vacated the Board’s decision and remanded the case to the Board, and the Secretary appealed.

¶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 court agrees that summary affirmance of the judgment vacating and remanding to the Board is appropriate in light of our decisions in Simmonsand Sanders.

¶6Accordingly,

¶7IT IS ORDERED THAT:

¶8(1) The stay of proceedings is lifted.

¶9*872(2) The judgment of the Court of Appeals for Veterans Claims is summarily affirmed. The case is remanded.

¶10(3) Each side shall bear its own costs.

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