Grave Procedural Error

[Guest Berta]

I can't find this topic-

I clicked on email from hadit to take me to a reply and then had numerous problems with my PC-dont know why-

I lost the topic-

Hayre V West - 188 F 3rd 1327 Fed Cir . Hayre was a claimant who had argued Grave Procedual Error in lieu of CUE-

-this case was overturned by the Fed Circuit Court in Cook V. Principi- and also Tetro V Principi

It is all at the old hadit -we had quite a discussion as I recall-

[Wings]

I can't find this topic-

I clicked on email from hadit to take me to a reply and then had numerous problems with my PC-dont know why-

I lost the topic-

Hayre V West - 188 F 3rd 1327 Fed Cir . Hayre was a claimant who had argued Grave Procedual Error in lieu of CUE-

-this case was overturned by the Fed Circuit Court in Cook V. Principi- and also Tetro V Principi

It is all at the old hadit -we had quite a discussion as I recall-

Berta, I am reading about "grave procedural error" today - as it is part of my recent NOD. Grave Procedural Error may be argued, but it will not reverse the finality of a VA decision. It's tricky, sticky nomenclature - and I wish I had used some other term like "gross errors". ~Wings

. . . the Federal Circuit has made it clear that "grave procedural error" is no longer a viable option for

overcoming the finality of a prior decision. See Cook, 318 F.3d at 1341 (overruling Hayre to extent that it created additional exception to rule of finality applicable to VA decisions by reason of "grave procedural error "). UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS, No. 00-1921

Edited September 27, 2005 by Wings

[foreveryoung]

So the only way to appeal a final BVA decision is CUE, or can Grave Administrative Error still be used?

[Wings]

I made the mistake of calling their errors "grave" and "grievous". And, found their errors to be both administrative (regulations) and procedural (law). So, unless I am ready for a CUE attack, I'll just choose to use different adjectives ....

[Pete53]

Mike Harris would put the onus on the VA to figure out what it was.

[Guest Jim S.]

I may be mistaken, but as I read the ruling, grave or grevious procedural error can only be used in claims that are not final.

Say you have three specific items for which you are claiming disability for, two of the items were ruled on, but were mute on the third one. Somehow this slips your mind and a year goes by. You decide to reopen your claim, but when you review your records, you see that the VARO failed to adjudicate on the third item. This part of your claim remains open since the VARO failed to adjudicate on the third item their by making a grave procedural error.

I hope this makes since.

Jim S.

[wallyg]

This went all the way to the Supreme Court, and was denied.

http://tinyurl.com/bc977