You can file a motion asking that the Board revise its decision if you believe that the decision is based on “clear and unmistakable error” (CUE). You should send this motion to the address above for the Director, Management, Planning and Analysis, at the Board. You should be careful when preparing such a motion because it must meet very specific requirements. You get only one chance to file a motion based on clear and unmistakable error at the BVA.
By asking for CUE, you are saying that the result would have been different had it not been for the error made. In other words, that the correct facts were not before the Board OR that the statutory or regulatory provisions that existed at the time were incorrectly applied.
For example, a clear and unmistakable error may be:
- A rating reduction or a rating severance where there was a failure to apply or follow requirements of a regulation
- A requirement of a nexus for chronic diseases diagnosed in service
- A misapplication of regulations for granting service-connection based upon presumption of aggravation
CUE motions are only allowed if the BVA decision is no longer Court reviewable. (CUE’s are final decisions—they can never be appealed to the Court.
We strongly recommend seeking help from a qualified representative or attorney before filing this type of motion.
Remember, the Board places no time limit on filing a CUE review motion, and you may do this at any time. However, if you also plan to or want to appeal to the Court in the future, you must file your motion within 120 days of the date of the Board’s decision.