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What's A Joint Motion? Mandate?

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Angela

Question

A BVA decision I'm referencing in my CUE mentions a Joint Motion by the veteran and General Council, goes on to say that "The joint motion has become the mandate of the court." and then says

"A lower tribunal, upon receiving the mandate of an appellate court, may not alter, amend, or examine the mandate, or give further relief or review, but must enter an order in strict compliance with the mandate... The "mandate rule," as it is known, is nothing more than a specific application of the "law of the case" doctrine.

Here's a link to the decision... http://www.va.gov/vetapp99/files4/9935947.txt

Can anyone tell me what this means in plain English? And if I can use it in my CUE motion ? Or does it only apply to the case it's written in?

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  • HadIt.com Elder

I am no lawyer but a joint motion would only be an agreement on an issiue or issues and doubtfully would be of any value as a precedent except to show that at least somewhere the VA has agreed to it.

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A BVA decision I'm referencing in my CUE mentions a Joint Motion by the veteran and General Council, goes on to say that "The joint motion has become the mandate of the court." and then says

"A lower tribunal, upon receiving the mandate of an appellate court, may not alter, amend, or examine the mandate, or give further relief or review, but must enter an order in strict compliance with the mandate... The "mandate rule," as it is known, is nothing more than a specific application of the "law of the case" doctrine.

Here's a link to the decision... http://www.va.gov/vetapp99/files4/9935947.txt

Can anyone tell me what this means in plain English? And if I can use it in my CUE motion ? Or does it only apply to the case it's written in?

I couldn't find these terms in that decision-

however the only Precedential Opinions I know of are either from General Counsel or from the US CAVC.

Even a few of these have been altered too by subsequent situations- but

it is always the best bet- if a precedential opinion or CAVC opinion would help a claim, to send it in with the claim-

A CUE claim isn't a motion- it is a claim just like all other claims- but it relies on VA case law and regs existing at time of the alledged CUE and an improper application of those regs-in a final VA decision.

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Berta,

You mention BVA case law. By that do you mean prior decisions made by the BVA? The ones I've been searching through at the Board of Appeals? If so, is that just the ones before my rating or does it include everthing out there?

Thanks again for educating me!

Angela

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http://www.va.gov/vetapp/files1/9402917.txt

In this Cova case it explains that the joint motion refers to seperate issues that were refered for remand from the same case and was mandated by the court to do specific things in the remand.

Reading the case may explain it better than I can. Their are three seperate diaabilities the Veteran was asking for, and more than one of them was remanded in the motion by the court and stated what should happen during the remand as mandated by the court.

Hope this helps you further.

Jim S. :rolleyes:

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