I got an email notification this AM that someone had a question on CUE at the BVA, but Ideleted the email and cannot find the question here- then again I am not quite back to normal yet- (whatever that is!)
I think this was what the question was about-
When a vet files a CUE claim against the BVA (on a fnal BVA decision)
the regs they use are withn 38 CFR Part 20- (20.1400-1402)
These regs are used within Jarrell, 20 Vet App at 33 and also in Russell.
Bsically the same CUE principles apply to the ROs as well as to the BVA.
NVLSP hwever makes this point:
BVA strictly adheres to the premise that -had the error not produced a different significant result-the error is not clearly unmistakable.
Section 20.1403 of 38 CFR s the BVA definition of CUE-
and the Bell Decision of July 21,1992 can impact on what a BVA CUE is or isnt.
Bell V Derwinski 1992
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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Berta
I got an email notification this AM that someone had a question on CUE at the BVA, but Ideleted the email and cannot find the question here- then again I am not quite back to normal yet- (whatever that is!)
I think this was what the question was about-
When a vet files a CUE claim against the BVA (on a fnal BVA decision)
the regs they use are withn 38 CFR Part 20- (20.1400-1402)
These regs are used within Jarrell, 20 Vet App at 33 and also in Russell.
Bsically the same CUE principles apply to the ROs as well as to the BVA.
NVLSP hwever makes this point:
BVA strictly adheres to the premise that -had the error not produced a different significant result-the error is not clearly unmistakable.
Section 20.1403 of 38 CFR s the BVA definition of CUE-
and the Bell Decision of July 21,1992 can impact on what a BVA CUE is or isnt.
Bell V Derwinski 1992
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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