CBCA 6328
Board: CBCA
Agency: DEPARTMENT OF VETERANS AFFAIRS
Appellant: Robert F. Hyland & Sons, LLC
Date: 2021-06-24
Outcome: granted
GRANTED IN PART: June 24, 2021
CBCA 6328, 6975
ROBERT F. HYLAND & SONS, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Kevin M. Cox of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant.
Hank W. Askins, III, Office of General Counsel, Department of Veterans Affairs,
Charleston, SC; and David G. Fagan, Office of General Counsel, Department of Veterans
Affairs, Portland, OR, counsel for Respondent.
Before Board Judges RUSSELL, SHERIDAN, and SULLIVAN.
RUSSELL, Board Judge.
On June 17, 2021, the parties filed a joint motion for judgment on a stipulated
settlement pursuant to which they move the Board for judgment in favor of appellant, Robert
F. Hyland & Sons, LLC (Hyland), in the amount of nine hundred thousand dollars
($900,000), to be paid from the judgment fund, 31 U.S.C. § 1304 (2018). Pursuant to the
parties’ settlement agreement, Hyland waives any further right it may have to claim for
recovery of interest or for attorney fees, costs, and expenses it may have incurred in
conjunction with the above-captioned appeals. Further, consistent with Rule 25(b) (48 CFR
6101.25(b) (2020)), the parties, in their motion, state that neither will seek reconsideration
of or relief from the Board’s decisions under Rule 26 and 27, and neither will appeal the
Board’s decision.
CBCA 6328, 6975 2
Decision
Pursuant to the parties’ joint motion, the Board GRANTS the appeal IN PART.
Appellant is awarded a total of $900,000. Payment may be made from the judgment fund,
31 U.S.C. § 1304.
Beverly M. Russell
BEVERLY M. RUSSELL
Board Judge
We concur:
Patricia J. Sheridan Marian E. Sullivan
PATRICIA J. SHERIDAN MARIAN E. SULLIVAN
Board Judge Board Judge