This contains information on determining jurisdiction for BVA Introduction determinations, including determining jurisdiction for review of a CUE allegation, and finality of BVA decisions. June 25, 2015 Change Date a. Determining Whether a decision was appealed to BVA or not determines the jurisdiction Jurisdiction for for review of a CUE allegation, either in fact or in substance. Review of a CUE Allegation Use the table below to determine who has jurisdiction to review an allegation for a CUE determination, and how to notify the claimant. If Then the RO And the Veterans … … Service Representative (VSR) or RVSR … a decision has been does not have jurisdiction notifies the claimant affirmed by BVA to review the claim for a CUE determination that the RO does not have jurisdiction to The RO does review the claim for a Rationale: not have jurisdiction to CUE determination consider a claim of CUE in of his/her a decision that has been appellate rights, and subsumed by a BVA that he/she should decision. file a motion for reconsideration by BVA, if a review at that is desired. the decision have jurisdiction notifies the claimant does not was not appealed, to review the claim for a but CUE determination that the RO does a later not have jurisdiction to reopened claim The General review the claim for a Rationale: was followed by Counsel has concluded CUE determination a BVA that the RO does not have of his/her affirmance jurisdiction to consider a appellate rights, and CUE claim where BVA that he/she should has file a motion for reviewed the entire reconsideration by record of the claim BVA, if a review at that following reopening, and is desired.
Introduction This contains information on determining jurisdiction for BVA determinations, including determining jurisdiction for review of a CUE allegation, and finality of BVA decisions. Change Date June 25, 2015 a. Determining Jurisdiction for Review of a CUE Allegation Whether a decision was appealed to BVA or not determines the jurisdiction for review of a CUE allegation, either in fact or in substance. Use the table below to determine who has jurisdiction to review an allegation for a CUE determination, and how to notify the claimant. If … Then the RO … And the Veterans Service Representative (VSR) or RVSR … a decision has been affirmed by BVA does not have jurisdiction to review the claim for a CUE determination Rationale: The RO does not have jurisdiction to consider a claim of CUE in a decision that has been subsumed by a BVA decision. notifies the claimant that the RO does not have jurisdiction to review the claim for a CUE determination of his/her appellate rights, and that he/she should file a motion for reconsideration by BVA, if a review at that is desired. the decision was not appealed, but a later reopened claim was followed by a BVA affirmance does not have jurisdiction to review the claim for a CUE determination Rationale: The General Counsel has concluded that the RO does not have jurisdiction to consider a CUE claim where BVA has reviewed the entire record of the claim following reopening, and notifies the claimant that the RO does not have jurisdiction to review the claim for a CUE determination of his/her appellate rights, and that he/she should file a motion for reconsideration by BVA, if a review at that is desired.
11-17-15_Key%20Changes_M21-1III_iv_2_SecB.docx