With no explanation, chose the best option from "A", "B", "C" or "D". be entertained because there is an intervening Court action affirming the Board decision in which CUE is asserted. 3 . There is a difference, however, between abandonment of an issue on appeal, whether express or implied, and "the situation in which an appellant states that he is appealing the Board’s decision on an issue, but then makes no arguments, or insufficient arguments, challenging the Board's determination.” Cacciola, 27 Vet.App, at 57. As stated by the Court in Cacciola, "[i]n such instances, the Court generally affirms the Board’s decision as a result of the appellant’s failure to plead with particularity the allegation of error and satisfy his burden of persuasion on appeal to show Board error.” Id. at 57-58; see also Hilkert v. West, 12 Vet.App. 145, 151 (1999) (en banc) (<HOLDING>), aff'd per curiam, 232 F.3d 908 (Fed.Cir.2000)

A: holding that the party asserting notice error has the burden of demonstrating prejudice
B: holding the appellant carries the burden of demonstrating error in the family courts findings of fact
C: holding that the defendant bears the burden of demonstrating that the action should be transferred
D: holding that an appellant bears the burden of demonstrating error on appeal
D.