carlie Posted October 2, 2011 Share Posted October 2, 2011 I wonder if this memorandum can be applied to BVA board (panel) decisions that were adjudicated in the past ? Any takers ? From vetlawyers / Bergmann & Moore http://www.vetlawyers.com/newsletters/may2011Newsletter.pdf Page 5 Arneson v. Shinsek " CAVC HOLDS THAT CLAIMANTS HAVE A RIGHT TO A PERSONAL HEARING BEFORE ALL BOARD MEMBERS WHO ULTIMATELY DECIDE THE APPEAL" " This decision is about fairness,” said Glenn Bergmann, Mr. Arneson’s attorney. “We knew that once the judges looked at the process, they would make the right decision. We are happy to have played a role in it.” As a result of this decision, the Chairman of the Board of Veterans Appeals issued a memorandum on May 12 2011." Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted October 5, 2011 HadIt.com Elder Share Posted October 5, 2011 VA might say denial of a hearing falls under "duty to assist" and is not a CUE. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted October 5, 2011 Moderator Share Posted October 5, 2011 Last I checked the BVA makes CUE errors, too. Not just the Regional Office. It would HAVE to be a "prior" decision, because you certainly can not CUE a decision that has not been completed. Here is an example of allegations of CUE at the BVA: http://www.cavcbar.net/Summer_2005.pdf By "prior BVA decision" you mean there was another BVA decision and you are trying to CUE the first BVA decision, I still think the "prior" BVA decision is subject to a collateral attack by CUE. However, the second BVA decision could be appealed, but I know nothing that prevents a Veteran from filing a CUE even if he had a half dozen BVA decisions and filed a CUE on the first one. Link to comment Share on other sites More sharing options...
carlie Posted October 5, 2011 Author Share Posted October 5, 2011 By "prior BVA decision" you mean there was another BVA decision and you are trying to CUE the first BVA decision, NO - I don't mean there was another BVA decision and trying to CUE the first decision. My interest was would this memorandum be applicable to BVA (past BVA claims) that had a board hearing held and ALL members were not there. I sure wish you wouldn't take my topics and start throwing all of your twists and turns into it. There was nothing in this topic that related to CUE's until you brought it into the topic thread. Perhaps you misunderstood the train of thought. Link to comment Share on other sites More sharing options...
Question
carlie
I wonder if this memorandum can be applied to BVA board (panel)
decisions that were adjudicated in the past ?
Any takers ?
From vetlawyers / Bergmann & Moore
http://www.vetlawyers.com/newsletters/may2011Newsletter.pdf
Page 5
Arneson v. Shinsek
" CAVC HOLDS THAT CLAIMANTS HAVE A
RIGHT TO A PERSONAL HEARING BEFORE
ALL BOARD MEMBERS WHO ULTIMATELY
DECIDE THE APPEAL"
" This decision is about fairness,” said Glenn Bergmann, Mr.
Arneson’s attorney. “We knew that once the judges
looked at the process, they would make the right decision.
We are happy to have played a role in it.” As a result of this
decision, the Chairman of the Board of Veterans Appeals
issued a memorandum on May 12 2011."
Link to comment
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