McGhee v. Brown

I have voted against en bane consideration because the case does not meet the Court’s criteria for en banc consideration, although, for the reasons stated below, I do not agree with the Court’s opinion in this case. See Internal Operating Procedures, V.(b) (“En banc consideration, or review of a panel decision en banc, is not favored and will be ordered where it is necessary to secure or maintain a uniformity of decision among panels, where the case involves a question of exceptional importance, or in other unusual circumstances.”); Mata v. Brown, 4 Vet.App. 276 (1993) (per curiam order). I…