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[quote=Anonymous][quote=Anonymous][quote=Anonymous]1000000%
 
We need a rule that says all issues must be raised before the board before being raised at the court.

Any issue not raised at the board cannot be raised at the court. Just like in regular appellate practice. For example, claiming a new theory of service connection that was never raised at the board, should never be properly raised at the court.
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Issue exhaustion is alive and well at the Court for cases where the same firm is representing before the Board and then at the Court. The Court generally will not go there if it was a VSO representing before the Board, but they do hold firms to a higher standard when they're representing in both places. Shepardize Maggit and you'll find plenty of MemDecs where the Court smacked a private firm for trying something at the Court that they didn't raise before the Board.[/quote]

Yes, correct. But I’m saying we need a rule that applies across the board. It will cut down on a lot of remands. [/quote]

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