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broncovet

Cue On "board" Decisions?

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I have a question on CUE. In 38 CFR, the regulation on CUE clearly uses the word "Board" applying to revisions of "board" decisions. You know..the bit about if the facts were before the "board" at the time. Now, well all know there are different sets of rules for BVA, CAVC, and Federal decisions, as well as RO decisions. Is this one of them?

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If the BVA committed a CUE or is alleged to have committed CUE

then a Motion for CUE must be filed with the BVA and the regs are in this BVA decision:

http://www4.va.gov/vetapp10/files1/1002830.txt

I am sure there is an example of a Motion for BVA here as I filed one with them under CUE decades ago as well as one in 2009 and might have posted here my actual Motion as to the format it must take.

My 2009 Motion was not a claims matter and is still before the BVA.

Maybe a search could bring up the example of a Motion for CUE against a final BVA decision.

The subject of my old CUE motion (maybe in 1996 ?)ironically is now part of my AO IHD claim.I had to send NVLSP info on it.

It pays to SAVE EVERYTHING!

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My CUE was made at the VARO so that is where I filed it. You file the CUE where it was made. It may end up at the BVA or court, but you start where the CUE happened first.

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