Bobby G. Smith v. Eric K. Shinseki

ORDER

Currently before the Court is the parties’ September 13, 2013, joint motion to recall the Court’s judgment based on the recent decision of the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Nat’l Org. of Veterans Advocates, Inc. v. Sec’y of Veterans Affairs, 725 F.3d 1312 (Fed.Cir.2013). The Court denies the parties’ motion because it does not demonstrate satisfaction of the burden of persuasion necessary to support a motion to recall judgment.

I. BACKGROUND

A. National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs

Since September 9, 2011, the…