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 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 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 where BVA has that he/she should reviewed the entire file a motion for record of the reconsideration by following reopening, and BVA, if a review at that denied the benefits level is desired. previously denied in the unappealed decision. All SOCs for Note: appeals in which the issue on appeal involves a prior unappealed RO decision, followed by a claim to reopen the claim that was decided by BVA, should contain a citation to . the decision does have jurisdiction to reviews the unappealed was not appealed, review the claim for a decision for CUE. and CUE determination
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 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 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 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 where BVA has reviewed the entire record of the following reopening, and denied the benefits previously denied in the unappealed 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 level is desired. Note: All SOCs for appeals in which the issue on appeal involves a prior unappealed RO decision, followed by a claim to reopen the claim that was decided by BVA, should contain a citation to . the decision was not appealed, and does have jurisdiction to review the claim for a CUE determination reviews the unappealed decision for CUE.
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