Can A Cue Be Submitted If It Is Already In The Nod Process? There Are Also Separate Claims In The Same Nod

[LILS]

The NOD was filed 3 months ago.

[john999]

CUE must be on a final decision!

[LILS]

So, on the final decision of the BVA?

[john999]

A final decision at the VARO, BVA or CAVC as far as I know. When you let a claim die and stop appealing it becomes final in a certain amount of time depending on where you are at in the system I believe. I have a CUE that became final at the VARO because I did not appeal it because I never got appeal rights. My problem since that is not grounds for a CUE, but the decison itself was grounds for a CUE years later. A CUE is really a final resort and standards are different and higher.

John

[broncovet]

If you file a NOD, there is no need to file for a motion for revision based on CUE. However, if you had a previous unappealed decision, that had become final, you can file a CUE on that decision.

Remember: Cue is a "standard of review" which applies to a final unappealed decision.