Board of Veterans' Appeals: Rules of PracticeRevision of Decisions on Grounds of Clear and Unmistakable Error
VA · va-other · Published 1999-01-13 · 64 FR 2134
Document
Document number
99-760
Federal Register citation
64 FR 2134
CFR reference
38 CFR 20
Type
Rule
Action
Final rule.
Category
va-other
Agency
US Department of Veterans Affairs
Publication date
1999-01-13
Abstract
This document amends the Rules of Practice of the Board of Veterans' Appeals (Board) to implement the provisions of section 1(b) of Pub. L. No. 105-111 (Nov. 21, 1997), which permit challenges to Board decisions on the grounds of ``clear and unmistakable error'' (CUE). The amendments provide specific application procedures and establish decision standards based on case law. These changes implement the new statutory provisions, which permit a claimant to demand review by the Board to determine whether CUE exists in an appellate decision previously issued by the Board, with a right of review of such determinations by the U.S. Court of Veterans Appeals.