George T. Richardson v. R. James Nicholson

I concur in the Court’s holding that Mr. Richardson’s assertion that the 1944 RO decision failed to construe his pleadings to raise a claim was properly brought as a request to revise that decision based on CUE and that this matter must be remanded in light of Andrews and for application of Roberson. I disagree with the majority’s discussion as to how the Board or RO should proceed on remand. I believe a finding on remand that the 1944 RO failed to construe Mr. Andrews’ pleadings to raise a claim would constitute CUE in that decision, with the manifestly changed outcome being the processing…