Case No.


EQCF Dkt #205 Filed 10/16/2013

IN THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS CARMEN J. CARDONA, Appellant, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, Appellee. ) ) ) ) ) ) ) ) ) )

Vet. App. No. 11-3083

RESPONSE TO COURT ORDER OF OCTOBER 9, 2013 Appellee, Eric K. Shinseki, Secretary of Veterans Affairs (Secretary), hereby response to the Court order of October 9, 2013. The order directed the Secretary to clarify his supplemental memorandum of law “regarding settlement or payment by the Secretary, including an explanation why not, if that is the case.” The Secretary is cognizant that he has the authority to engage in

settlement discussions and to settle this matter despite the pendency of the instant appeal. The undersigned and counsel for Appellant discussed the

possibility of a joint settlement but were unable to find sufficient common ground on which to predicate an agreement. As indicated in the Secretary’s October 4, 2013 supplemental memorandum of law and motion to vacate and remand, the Secretary is prepared to apply the President’s directive which, based on the facts previously found by the Board, should result in a grant of additional compensation benefits to Appellant upon a return of jurisdiction over her claim to the Board. Respectfully submitted, WILL A. GUNN General Counsel

DAVID L. QUINN Acting Assistant General Counsel /s/ Carolyn F. Washington CAROLYN F. WASHINGTON Deputy Assistant General Counsel /s/ Ronen Morris RONEN MORRIS Appellate Attorney Office of the General Counsel (027D) U.S. Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 (202) 632-7113 Attorneys for Appellee Secretary of Veterans Affairs


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