Duty to assist:
BVA Citation Nr:
0723526
The Board notes that, as a general rule, VA has a duty to
assist a claimant in developing the facts pertinent to his or
her claim, and to notify him or her of the evidence necessary
to complete an application for benefits. The Veterans Claims Assistance Act of 2000 (VCAA), which became law on November
9, 2000, redefined the obligations of VA with respect to the
duty to assist and included an enhanced duty to notify a
claimant as to the information and evidence necessary to
substantiate a claim for VA benefits. However, the United States Court of Appeals for Veterans Claims (Court) has held
that the VCAA does not apply to claims of CUE in prior Board
decisions or in prior rating decisions. See Parker v. Principi, 15 Vet. App. 407, 412 (2002); Livesay v. Principi,
15 Vet. App. 165, 178-79 (2001).