1. “When the VA fails to adjudicate the disposition of a claim for benefits, may a reviewing Court find that the VA meant to implicitly deny the claim, without running afoul of the Chenery Doctrine and further engaging in impermissible first-hand fact finding?”
2. “And does the Federal Circuit’s use of the implicit denial rule undermine and contradict the VA’s statutory duty to provide a written statement of the reasons or bases for its findings and conclusions, that are adequate to enable an appellant to understand the precise basis for the Board’s decision, as well as to facilitate review in a higher Court?”
