Ellen T. Burns v. DENIS MCDONOUGH, Secretary of Veterans Af- fairs

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELLEN T. BURNS,
Claimant-Appellant
v.
DENIS MCDONOUGH, Secretary of Veterans Af-
fairs,
Respondent-Appellee
______________________
2024-1233
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 20-5933, Judge Michael P. Allen.
______________________
ON MOTION
______________________
Before P ROST , T ARANTO, and HUGHES , Circuit Judges.
T ARANTO, Circuit Judge.
O R D E R
The parties jointly move to remand this case to the
United States Court of Appeals for Veterans Claims, stat-
ing:
Because neither [that court] nor the Board [of Vet-
erans’ Appeals] addressed whether the
Case: 24-1233 Document: 24 Page: 1 Filed: 07/22/2024

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BURNS v. MCDONOUGH 2
complications of diabetes reflected in Mr. Burns’s
treatment records entitled him to an increase in his
rating for service-connected diabetes in light of
Part V.iii.11.2.c. of the M21-1 Adjudication Proce-
dures Manual, the parties respectfully submit that
a remand would conserve resources and promote
judicial efficiency here. The parties further agree
that, upon remand, the Veterans Court should ad-
dress this theory of entitlement and determine
whether any further proceedings are necessary to
resolve Mrs. Burns’s accrued benefits claim.
Mot. at 5.
Upon consideration thereof,
I T I S O RDERED T HAT :
(1) The motion is granted. The appeal is remanded to
the United States Court of Appeals for Veterans Claims for
further proceedings consistent with this order and the par-
ties’ joint motion.
(2) Each party shall bear its own costs.
July 22, 2024
Date
F OR THE COURT
ISSUED AS A MANDATE: July 22, 2024
Case: 24-1233 Document: 24 Page: 2 Filed: 07/22/2024

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