Update - it appears that the VA and my counsel (Bergmann & Moore) have a telephonic briefing conference on 10/22/2012. Both are ordered, not later than 14 days prior, to supply the Secretary and the Central Legal Staff (CLS) a summary of the issues to be raised, before the Court, including any citations, w/relevent authorities and pertinent documents. It further states: "ORDERED that the attorney or representative for both parties shall attend the conference with the authority to enter into a joint resolution of the appeal or settlement to the extent authorized by the client or be within immediate contact with such a person during the staff conference. The parties shall jointly notify the Court if the parties reach agreement on the disposition of any or all issues prior to the conference."
Maybe it'll be resolved . . . but then again, probably not. jmo
pr