CBCA 2170, 2432, 2592

Aim High Medical, LLC

Dec 15, 2011Judge SteelDEPARTMENT OF VETERANS AFFAIRS
Not published in the listingGranted in partby agreement

Key Facts

Appellant
Aim High Medical, LLC
Respondent agency
DEPARTMENT OF VETERANS AFFAIRS
Judge
Steel
Case number
CBCA 2170, 2432, 2592This cell names 3 dockets: 2170, 2432, 2592.
Decided
Dec 15, 2011The decision states Dec 15, 2011 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Granted in partEntered by agreement of the parties.
Accordingly, these appeals are GRANTED IN PART.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

The topic rules ran over this decision's own words and none of them matched.

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Pat Youngblood and Larry Elliott
Owners of Aim High Medical, LLC
Circleville, OH
For the respondent
Lisa M. Clark
Office of Regional Counsel, Department of Veterans Affairs
Brecksville, OH
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision3 pages, 2,484 characters, read from the Board's own documentDecided Dec 15, 2011 on its own faceRespondent DEPARTMENT OF VETERANS AFFAIRS Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

2 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Contract Disputes Act1
Other statutes1

Read from the decision's own words with no model involved. Statutes, regulations, the acts these forums argue by name, and cases at the board, this office or the Comptroller General are recognized; any other citation form is left out rather than guessed at, so this is a floor on what the decision cites.

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.

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