Dittrich v. West

STEINBERG and KRAMER, Judges,

dissenting:

We voted for en banc review of the panel opinion in this case (issued on January 6, 1998) and of the proposal that briefing be sought by the en banc Court or the panel on the issue of the effect of the enactment, while this case was pending on appeal, of Pub.L. No. 105-111, 111 Stat. 2271 (Nov. 21, 1997) (regarding clear and unmistakable error (CUE) claims), on the doctrine of “delayed subsuming” as adopted in Donovan v. Gober, 10 Vet.App. 404, 407-08 (1997), and Chisem v. Gober, 10 Vet.App. 526, 528 (1997).

The panel opinion in this case disposes of a…