Justus v. Principi

HOLDAWAY, Associate Judge:

Appellant, Herbert H. Justus, appeals a May 30, 1991, decision of the Board of Veterans’ Appeals (BVA or Board) which refused to reopen his claim for service connection for heart disease because the evidence submitted was not deemed to be new and material. On March 23, 1992, appellant, through counsel, filed a brief. On May 18, 1992, the Secretary of Veterans Affairs (Secretary) filed a motion for summary affirmance, for acceptance of the motion in lieu of a brief, and for a stay of proceedings. This Court vacates and remands the decision to the BVA for adjudication…