not been decide the merits of the submitted, and issues raised in the claim. denies reopening the allegation of does have jurisdiction to reviews the unappealed CUE involves an review the claim for a decision for CUE. issue that has not CUE determination been affirmed by a BVA decision Unless overruled by the CAVC, BVA decisions are final and binding on the b. Finality of BVA Decisions Veterans Benefits Administration decision makers, but only with regard to the specific case decided. Appellants disagreeing with decision on his/her appeal may file BVA’s an appeal with CAVC a motion asserting CUE with BVA, or a motion for reconsideration with BVA. Notes: In the absence of new and material evidence, ROs do have the authority not to award a benefit denied by a BVA decision. A motion for reconsideration of a BVA decision is not a claim; therefore, the motion does not need to be submitted to BVA on a prescribed form. For more information on References: BVA decisions, see M21-1, Part I, 5.G.1 the non-precedential value of BVA decisions, see what to do with a communication from the appellant or his/her representative that disagrees with a BVA decision, see M21-1, Part I, 5.G.2.f, and filing a motion for reconsideration, see , and M21-1, Part I, 5.G.2.d.
not been submitted, and denies reopening decide the merits of the issues raised in the claim. the allegation of CUE involves an issue that has not been affirmed by a BVA decision does have jurisdiction to review the claim for a CUE determination reviews the unappealed decision for CUE. b. Finality of BVA Decisions Unless overruled by the CAVC, BVA decisions are final and binding on the Veterans Benefits Administration decision makers, but only with regard to the specific case decided. Appellants disagreeing with BVA’s decision on his/her appeal may file an appeal with CAVC a motion asserting CUE with BVA, or a motion for reconsideration with BVA. Notes: In the absence of new and material evidence, ROs do not have the authority to award a benefit denied by a BVA decision. A motion for reconsideration of a BVA decision is not a claim; therefore, the motion does not need to be submitted to BVA on a prescribed form. References: For more information on BVA decisions, see M21-1, Part I, 5.G.1 the non-precedential value of BVA decisions, see what to do with a communication from the appellant or his/her representative that disagrees with a BVA decision, see M21-1, Part I, 5.G.2.f, and filing a motion for reconsideration, see , and M21-1, Part I, 5.G.2.d.