Court assumed jurisdiction to consider section 1318 issue where appellant had referred to “10 year presumptive rule” and “presumptive DIC” in the record before the Board
How later courts described this case
- Court assumed jurisdiction to consider section 1318 issue where appellant had referred to “10 year presumptive rule” and “presumptive DIC” in the record before the Board
Written by the judges who cited it.
The opinion
HOLDAWAY, Judge,
concurring:
I concur in the opinion except for Part II.D that discusses the effect of 38 C.F.R. § 20.1106 . In that part, the Court is providing the Board remand instructions regarding an issue that is not before the Court and may never arise as part of the appellant’s claim for DIC. Therefore, the discussion regarding section 20.1106 is mere dicta. Cf. Marso v. West, 13 Vet.App. 260 (1999).