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.
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Angela
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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