Frank J. Kakuk v. Eric K. Shinseki, Secretary of Veterans Affairs

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

FRANK J. KAKUK,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.

2010-7023

Appeal from the United States Court of Appeals for
Veterans Claims in case no. 07-1126, Judge Alan G.
Lance, Sr.

## ON MOTION

Before LOURIE, GAJARSA, and LINN, Circuit Judges.
PER CURIAM.

## ORDER

The Secretary of Veterans Affairs moves without op-
position to vacate the decision of the United States Court
of Appeals for Veterans Claims and to direct that court to

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remand to the Board of Veterans' Appeals with orders to
remand to the Regional Office for further proceedings.

Kakuk sought service connection for Parkinson's Dis-
ease based upon, among other things, exposure to herbi-
cides during his service in Vietnam. The Board denied
service connection, finding insufficient evidence to estab-
lish a nexus between his disease and his service. The
Court of Appeals for Veterans Claims affirmed. Kakuk
appealed to this court.

This court granted the Secretary's motion to stay the
briefing schedule pending the Department of Veterans
Affairs' publication in the Federal Register of a final rule
regarding presumptions of service connection based upon
exposure to herbicides. Recently, the Department of
Veterans Affairs published a final rule affording a pre-
sumption of service connection for Parkinson's Disease
based upon exposure to herbicides. The Secretary now
argues that the final rule "may provide Mr. Kakuk with
the nexus currently lacking between his disability and his
military service and may eliminate the need for this Court
to address his arguments regarding prejudicial error and
the adequacy of the medical exam." We agree.

Accordingly,
IT IS ORDERED THAT:
The motion is granted.

FOR THE COURT

FEB 0 9 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Richmond J. Brownson, Esq.
Meredyth Cohen Havasy, Esq.

Issued As A Mandate:

FEB 0 9 2011

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
FED 0 9 2011

JAN HORBALY
CLERK