1. “Whether this court’s decision in Hayre should be overruled insofar as that case holds that the existence of ‘grave procedural error’ renders a decision of the Veterans’ Administration non-final?” 2. “Whether, if Hayre is overruled in this respect, a failure of the Secretary to assist the veteran under the law and regulations applicable at the time (affirmatively demonstrated by the record before the adjudicator in the particular case) can constitute clear and unmistakable error under 38 U.S.C. ยง 5109A?”
1. “First, to the extent that it created an additional exception to the rule of finality applicable to RO decisions, Hayre is overruled.” 2. “Second, a failure of the Secretary to assist a veteran under applicable law and regulations cannot constitute CUE.”
