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United States Court of Appeals for the Federal Circuit
EUGENIA MOTE, Claimant-Appellant v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee
2019-2367
Appeal from the United States Court of Appeals for Veterans Claims in No. 16-2506, Senior Judge Mary J. Schoelen.
__________ Decided: September 28, 2020 __________
CHARLES MCCLOUD, Williams & Connolly LLP, Wash-ington, DC, argued for claimant-appellant. Also repre-sented by STEPHEN RABER, LIAM JAMES MONTGOMERY; JOHN AUBREY CHANDLER, ELIZABETH VRANICAR TANIS, At-lanta, GA. ASHLEY AKERS, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing-ton, DC, argued for respondent-appellee. Also represented by ETHAN P. DAVIS, MARTIN F. HOCKEY, JR., ROBERT Case: 19-2367 Document: 51 Page: 1 Filed: 09/28/2020
2 MOTE v. WILKIE
EDWARD KIRSCHMAN, JR.; BRIAN D. GRIFFIN, JONATHAN KRISCH, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.
Before PROST, Chief Judge, MOORE and STOLL, Circuit Judges.
PROST, Chief Judge.
Mrs. Eugenia Mote appeals from the Court of Appeals for Veterans Claims’ (“Veterans Court”) dismissal of her mandamus petition alleging unreasonable delay by the De-partment of Veterans Affairs (“VA”) in resolving her benefits claim.
Mrs. Mote has been here before, under similar circumstances. She was one of nine consolidated appellants in Martin v. O’Rourke, 891 F.3d 1338 (Fed. Cir. 2018), where we replaced the Veterans Court’s test for evaluating an unreasonable-delay mandamus petition with the standard articulated in Telecommunications Research & Action Center v. FCC, 750 F.2d 70 (D.C. Cir. 1984) (“TRAC”). We remanded Mrs. Mote’s individual case to the Veterans Court to conduct a TRAC analysis in the first instance. But
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Mote v. Wilkie, No. 2019-2367(Decided: September 28, 2020); Martin v. O'Rourke, 891 F.3d 1338 (Fed. Cir. 2018), where we replaced the Veterans Court's test for evaluating an unreasonable-delay mandamus petition with the standard articulated in Telecommunications Research & Action Center v. FCC, 750 F.2d 70 (D.C. Cir. 1984) ("TRAC"); Veterans Court to conduct a TRAC analysis in the first instance; TRAC standard is "the appropriate standard for the Veterans Court to use in evaluating mandamus petitions based on alleged unreasonable delay." Martin, 891 F.3d at 1348;
United States Court of Appeals for the Federal Circuit EUGENIA MOTE, Claimant-Appellant v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2019-2367 Appeal from the United States Court of Appeals for Veterans Claims in No. 16-2506, Senior Judge Mary J. Schoelen.__________ Decided: September 28, 2020 __________CHARLES MCCLOUD, Williams & Connolly LLP, Wash-ington, DC, argued for claimant-appellant....
