I have read several CUE claims from the COVA where the BVA claim was vacated and remanded for
"a critical examination of the justification for the decision"
In coming to the decision, it did not appear that the decision, that shows the claim would have been manafestly different was the determining factor. It basically said the decision was flawed in the way the BVA came about it, during the adjudication process.
Further stating that they did not support one way or the other as to what new decision the BVA would come to once the remand had been achieved. That the Veteran was also able to present new evidence and/or new argument to support the claim during the remand.
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Guest Jim S.
I have read several CUE claims from the COVA where the BVA claim was vacated and remanded for
"a critical examination of the justification for the decision"
In coming to the decision, it did not appear that the decision, that shows the claim would have been manafestly different was the determining factor. It basically said the decision was flawed in the way the BVA came about it, during the adjudication process.
Further stating that they did not support one way or the other as to what new decision the BVA would come to once the remand had been achieved. That the Veteran was also able to present new evidence and/or new argument to support the claim during the remand.
Anyway I found this most interesting.
Jim S. B)
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