Cole v. West

I concur in the opinion except for Part II.D that discusses the effect of 38 C.F.R. § 20.1106. In that part, the Court is providing the Board remand instructions regarding an issue that is not before the Court and may never arise as part of the appellant’s claim for DIC. Therefore, the discussion regarding section 20.1106 is mere dicta. Cf. Marso v. West, 13 Vet.App. 260 (1999).