Santiago M. Juarez v. James B. Peake

Although I concur fully in affirming the Board decision in this case, I write separately (1) because I see no basis for modifying the Board decision, and (2) to note that our decision today precludes the assignment of an earlier effective date by attacking any decisions below based on clear and unmistakable evidence (CUE).

The 1996 RO decision noted that the 1955 RO decision had denied Mr. Juarez’s initial claim, and that the 1996 RO decision denied Mr. Juarez’s claim to reopen because he had not submitted new and material evidence. Although denying a claim to reopen because there is no new…