Mahl v. Principi

I agree that this case should be remanded for the Board of Veterans’ Appeals (BVA or Board) to consider potentially applicable provisions of the Veterans Claims Assistance Act of 2000, Pub.L. No. 106-475, 114 Stat. 2096 (Nov. 9, 2000) (VCAA).1 However, although the Court has latitude as to whether to consider contentions not raised to the Board, see Maggitt v. West, 202 F.3d 1370, 1378 (Fed.Cir.2000), I disagree with the Court’s refusal to address certain of the appellant’s arguments that are not predicated on the potential applicability of the VCAA. I do acknowledge that the majority’s…