Does a Citation set a precedent?

[dwbell99]

What exactly is a Citation? Is it set a precedent?

[brokensoldier244th]

A citation in what context?

[dwbell99]

ie.

Citation Nr: 0720781	

Wondering how much 'weight' using Citation(s) as references in a Supplemental Claim or HLR

Edited January 6, 2020 by dwbell99

[JKWilliamsSr]

Citations are normally issued by the BVA.  They are not precedent setting decisions.   Only 3 judge CAVC decisions are precedent setting. 

Edited January 6, 2020 by JKWilliamsSr

[dwbell99]

thanks

[brokensoldier244th]

Yeah, they are only relevant in the context of that decision.

[Berta]

However , when BVA 'cites regulations- as they do in every decision they make, those regulations could help a vet succeed in some cases. Also BVA 'cites" Precedent Opinions from the CAVC.

This veteran , under the Citation Number won on a re open:

ORDER

New and material evidence having been received, the claim for 
service connection for a low back disability is reopened.

Service connection for degenerative disc disease of the 
lumbar spine on a secondary basis is granted.

https://www.va.gov/vetapp07/files3/0720781.txt

The claim was remanded for an additional disability:

"The veteran also asserts that service connection is warranted for a right ankle disability secondary to his service connected residuals of a fracture of the left ankle."

For my current CUE claims I cited a Precedent Office of General Counsel Opinion. ..and sent it to them.The VA violated 38 CFR 4.6 by not applying that OGC decision to two of my claims.

 

Edited January 6, 2020 by Berta