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Type
Opinion of the Court
Author
Arthur J. Gajarsa
Filed
Aug. 2, 2002
Case
In re Scott
Case status
Decided

Opening text

The first passage of the document, as extracted by the source provider.

ON PETITION FOR WRIT OF MANDAMUS GAJARSA, Circuit Judge. ORDER Alphonso Scott petitions for a writ of mandamus to direct the Court of Appeals for Veterans Claims to comply with this court’s judgment in appeal 99-7197. Scott previously appealed, to this court, a decision of the Court of Appeals for Veterans Claims that had denied his claim for benefits as not well-grounded. We noted that the recent enactment of the *480 Veterans Claims Assistance Act (VCAA) had eliminated the concept of a well-grounded claim. Thus, we vacated the decision and remanded with instructions that the Court of Appeals for Veterans Claims remand “to the appropriate authority in order to achieve prompt compliance with the requirements of current law.” Scott v. Gober, no. 99-7197, slip op., 2000 WL 1801240 (Fed.Cir. Dec.6, 2000). Following issuance of this court’s mandate, the Court of Appeals for Veterans Claims on February 22, 2001 vacated the decision of the Board of Veterans’ Appeals and remanded for readjudication under the VCAA. On September 10, 2001, Scott filed a document that the Court of Appeals for Veterans Claims treated as a petition for a writ of mandamus to direct the Board of Veterans’ Appeals…

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