The U.S. Court of Appeals for the Federal Circuit has determined that if a veteran wishes to challenge a claim decided in a Board decision based on a clear and unmistakable error (CUE), he must make raise all possible arguments in the same CUE claim. See Hillyard v. Shinseki, No. 2011-7157 (Fed. Cir. August 17, 2012).
When the Board issues a decision denying a veteran’s claim, the veteran has 120 days to appeal the decision to the Court of Appeals for Veterans Claims. If the veteran does not appeal within 120 days, the Board’s decision becomes final, and the veteran cannot appeal it. But, if the veteran later determines that the Board’s decision contained CUE, he may file a CUE claim at the Board and ask for a revision of the earlier decision.
In making a CUE claim, the veteran may decide that there are several different reasons why the Board’s earlier decision contained CUE. And, it was unclear if the veteran had to raise all of his arguments in the same CUE motion. Now, it is clear that the veteran MUST raise all of his arguments in the same CUE motion.
A different set of rules applies to veterans who believe an earlier decision from the regional office contains CUE.
Legal Help with Veterans’ CUE Claims
CUE claims are some of the most complex and complicated claims in the veterans’ benefits system. If you believe that an earlier decision you received from VA contains CUE (no matter how old the decision is), contact a Bosley & Bratch attorney for help.