Case No.

11-3083

EQCF Dkt #210 Filed 11/22/2013

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

SECRETARY’S MOTION TO DISMISS Appellee, Eric K. Shinseki, Secretary of Veterans Affairs (Secretary), hereby respectfully moves this honorable Court to dismiss the instant appeal. As grounds therefore, the Secretary states that the payment on Appellant’s claim of entitlement to additional benefits for a dependent spouse, initiated on October 29, 2013, has now been received in full by Appellant. The instant appeal is therefore moot and should be dismissed. See Mokal v. Derwinski, 1 Vet.App. 12, 15 (1990) (adopting “as a policy matter the jurisdictional restrictions of the Article III case or controversy rubric”). Counsel for Appellant indicated that his client is opposed to this motion. It is unknown at this time whether he will submit a response in opposition. WHEREFORE, the Appellee, Eric K. Shinseki, Secretary of Veterans Affairs, hereby moves this Court to dismiss the instant appeal as moot. Respectfully submitted, WILL A. GUNN General Counsel MARY ANN FLYNN 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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