Benjamin v. Principi

I agree that this case should be remanded for the Board of Veterans’ Appeals (Board or BVA) to consider the potentially applicable provisions of the Veterans Claims Assistance Act of 2000, Pub. L. No. 106-475, 114 Stat. 2096 (Nov. 9, 2000) (VCAA).1 I voted in favor of a panel decision, however, because I believe that the Court should also address two of the appellant’s assertions of error that are not predicated on the potential applicability of the VCAA and that are capable of repetition on remand.2

On November 27, 2000, the appellant filed a brief that asserts several adjudication errors in…