Kutrzeba v. Shinseki

JOINT MOTION TO TERMINATE THE APPEAL

BRUCE E. KASOLD, Judge:

Pursuant to U.S. Vet.App. Rules 27 and 42, Appellant and Appellee hereby agree to and move for termination of the captioned appeal. The terms upon which the parties agree this appeal is to be terminated are contained in the attached Stipulated Agreement.

The Court has held that when the Secretary of Veterans Affairs enters into such an agreement, the Board of Veterans’ Appeals decision giving rise to the appeal is overridden, thereby mooting the case or controversy. Bond v. Derwinski, 2 Vet.App. 376 (1992). See also Kimberly-Clark v.…