Keen v. West

ORDER

On February 5, 1999, the Court vacated and remanded the February 15, 1996, Board of Veterans’ Appeals (Board) decision. On May 4,1999, the Court issued its mandate. On June 15, 1999, counsel for the Secretary filed a motion to recall the mandate, noting that the appellant had died on April 26, 1998, prior to the issuance of mandate. Counsel for the appellant filed a motion for leave to respond, and on August 13, 1999, submitted a response to the Secretary’s motion.

Counsel argues in the response that it is in the interest of justice to deny the Secretary’s motion to recall the mandate and…