Case No.

11-3083

EQCF Dkt #206 Filed 10/22/2013

Not published UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 11-3083 CARMEN J. CARDONA,
V.

APPELLANT,

ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS,

APPELLEE.

ORDER Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent. On October 9, the Secretary was ordered to clarify "whether a settlement has been offered [in this case] and why, given the Secretary's assertion that he will no longer enforce [38 U.S.C. §] 101(3) and (31), payments have not been issued" to the appellant. See Court's October 9, 2013, order at 1. The Secretary responded that the parties "discussed the possibility of a joint settlement but were unable to find sufficient common ground on which to predicate an agreement." Secretary's Response at 1. The Secretary's response, however, did not address the second portion of the Court's October 9, 2013, clarification order, to wit: why payments have not been issued to the appellant sua sponte. Accordingly, it is ORDERED that the Secretary file, within 7 days of the date of this order, a clarification of his response regarding payment by the Secretary. It is further ORDERED that the deadlines for the appellant to file her supplemental memorandum of law, and any response to the Secretary's motion to remand this matter, remain unchanged. DATED: Copies to: Michael J. Wishnie, Esq. VA General Counsel (027) October 22, 2013 PER CURIAM.

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