Jolley v. Derwinski

MANKIN, Associate Judge:

Appellant, Franklin L. Jolley, claims that the Secretary of Veterans Affairs, appel-lee, denied him due process by failing to provide assistance to him as required by law and regulation. Because of circumstances known to appellee and not disclosed to appellant or this Court until oral argument, this Court will retain jurisdiction and remand this case with instructions as discussed below.

Jurisdiction of this Court attaches by virtue of 38 U.S.C. § 4052 (1988).

FACTS

This is an appeal from the Board of Veterans’ Appeals (BVA) decision of June 8, 1989, denying benefits for…