Marshall O. POTTER, Jr., Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee, 125 F. App'x 998

ORDER MAYER, Circuit Judge. Marshall 0. Potter, Jr. moves to vacate the Court of Appeals for Veterans Claims’ decision in Potter v. Principi, 00-128(E) (Vet.App. Sep. 2, 2003), and to remand for further proceedings consistent with this court’s decision in Halpern v. Principi, 384 F.3d 1297 (Fed.Cir.2004). In the alternative, Potter moves to lift the stay and set a briefing

schedule in this appeal. The Secretary of Veterans Affairs has not responded. Upon consideration thereof, IT IS ORDERED THAT:

(1) The motion to vacate and remand is granted.

(2) The alternative motion to lift the stay is moot.

(3) Each side shall bear its own costs.