Davis v. West

I cannot join in the panel order denying the Secretary’s motion for panel review. Because I am, at this point, inclined to grant the Secretary’s motion, I would issue an order requesting the appellant to respond to the Secretary’s motion. See U.S. VetApp. R. 35(g) (motion for panel review “ordinarily ■will not be granted without such a request” by the Court).

Although I would not necessarily agree with the Secretary that there is not new and material evidence to reopen as to the veteran’s post-traumatic stress disorder (PTSD) claim, I do not believe that the single-judge decision, or the…