GRANTED IN PART: December 15, 2011
CBCA 2170, 2432, 2592
AIM HIGH MEDICAL, LLC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Pat Youngblood and Larry Elliott, Owners of Aim High Medical, LLC, Circleville, OH, appearing for Appellant.
Lisa M. Clark, Office of Regional Counsel, Department of Veterans Affairs, Brecksville, OH, counsel for Respondent.
Before Board Judges McCANN, STEEL, and KULLBERG.
STEEL, Board Judge.
Following mediation conducted by the presiding judge, on December 2, 2011, the Board received from Aim High Medical, LLC (Aim High) and the Department of Veterans Affairs (VA) a joint motion for stipulated judgment and a settlement agreement. This motion requested that the Board adopt the settlement agreement by way of a decision, stating in part that:
VA agrees to pay Aim High an all-inclusive sum of $500,000.00 as full and complete compensation for all costs, direct and indirect, including but not limited to attorney’s fees and interest associated with the above-referenced _________________________________
__________________________________ __________________________________ appeals and any other appeals filed, pending, anticipated, known or unknown, relating in any way to durable medical equipment contracts or solicitations with VA.
2CBCA 2170, 2432, 2592
. . . .
If payment is made more than 90 days from the date of the last signature on this agreement, in addition to the $500,000.00, the VA shall pay to Aim High, Contract Disputes Act interest on that amount accruing from the 91st day after the last signature on this Joint Motion for Stipulated Judgment and Settlement Agreement [November 23, 2011].
In their joint motion, the parties agree that they will not seek reconsideration of or relief from this Board’s decision, and will not appeal the Board’s decision.
Decision
Accordingly, these appeals are GRANTED IN PART. In accordance with the parties’ motion, the Board awards to Aim High Medical, LLC, the sum of $500,000, to be paid from the permanent indefinite judgment fund. 31 U.S.C. § 1304 (2006). If payment is not made within ninety days after November 23, 2011, interest shall also be paid to Aim High. Such interest shall be calculated in accordance with the Contract Disputes Act, 41 U.S.C.A. § 7109(b) (West Supp. 2011), from the ninety-first day after November 23, 2011, until the date of payment.
CANDIDA S. STEEL
Board Judge
We concur:
R. ANTHONY McCANN
Board Judge
H. CHUCK KULLBERG
Board Judge
3CBCA 2170, 2432, 2592
This is a verbatim capture of the text layer of the Board's own document in Aim High Medical, LLC, CBCA 2170, 2432, 2592. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.