WILLIAMS v. DVA , No. 21-2229 (Fed. Cir. 2022)

Annotate this Case

Download PDF

Case: 21-2229 Document: 28 Page: 1 Filed: 04/01/2022 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ALYSIA Y. WILLIAMS, Petitioner v. DEPARTMENT OF VETERANS AFFAIRS, Respondent ______________________ 2021-2229 ______________________ Petition for review of an arbitrator’s decision in No. 200610-06970 by John T. Nicholas. ______________________ ON MOTION ______________________ Before PROST, REYNA, and CUNNINGHAM, Circuit Judges. CUNNINGHAM, Circuit Judge. ORDER The Department of Veterans Affairs moves unopposed to waive the requirements of Federal Circuit Rule 27(f) and remand to allow the arbitrator to reevaluate his determination concerning the standard of proof and the penalty choice of removal in light of this court’s intervening decisions in Rodriguez v. Department of Veterans Affairs, 8 Case: 21-2229 Document: 28 Page: 2 2 Filed: 04/01/2022 WILLIAMS v. DVA F.4th 1290 (Fed. Cir. 2021), and Connor v. Department of Veterans Affairs, 8 F.4th 1319 (Fed. Cir. 2021). Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded to the arbitrator for further proceedings consistent with the motion and this order. (2) Each side shall bear its own costs. FOR THE COURT April 1, 2022 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court ISSUED AS A MANDATE: April 1, 2022

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.