Claim Raven explanation
What this means
A Board CUE motion must be written and signed, identify the decision and issues, and clearly explain the alleged error, its factual or legal basis, and why the result would have been different.
Broad allegations that the Board failed to follow the law do not satisfy the specific pleading requirements. The rule distinguishes procedural defects and insufficient allegations and addresses withdrawal of a motion.
How this helps your claim
Prepare a focused motion tied to the exact Board decision. Check each required identifying and substantive element before filing, especially when the decision addressed several issues.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Verify the signature, decision date, and specific issues identified.
- State the alleged error and supporting legal or factual basis precisely.
- Explain why the outcome would have been manifestly different without the error.
Explain the error and the outcome connection
A Board CUE motion needs more than the decision date and a statement that the law was not followed. Identify the precise factual or legal error, its basis and why the result would have been different without it. These are distinct parts of the pleading.
Keep the issue scope clear if the Board decision addressed several matters. The regulation distinguishes procedural defects from insufficient allegations and describes withdrawal. A general request to review everything can leave the required contention unclear even when accompanied by many pages of records.
Can I rely on a broad allegation that VA made mistakes?
Not for the specific pleading requirements described here. The motion must explain a qualifying alleged error and its outcome effect. Length and intensity do not replace specificity. Read this filing rule together with section 20.1403's substantive definition before assuming an ordinary disagreement satisfies CUE requirements.
Official regulatory text
38 CFR § 20.1404
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 20.1404 Rule 1404. Filing and pleading requirements; withdrawal.
(a) General. A motion for revision of a decision based on clear and unmistakable error must be in writing, and must be signed by the moving party or that party's representative. The motion must include the name of the veteran; the name of the moving party if other than the veteran; the applicable Department of Veterans Affairs file number; and the date of the Board of Veterans' Appeals decision to which the motion relates. If the applicable decision involved more than one issue on appeal, the motion must identify the specific issue, or issues, to which the motion pertains. Motions which fail to comply with the requirements set forth in this paragraph shall be dismissed without prejudice to refiling under this subpart.
(b) Specific allegations required. The motion must set forth clearly and specifically the alleged clear and unmistakable error, or errors, of fact or law in the Board decision, the legal or factual basis for such allegations, and why the result would have been manifestly different but for the alleged error. Non-specific allegations of failure to follow regulations or failure to give due process, or any other general, non-specific allegations of error, are insufficient to satisfy the requirement of the previous sentence. Motions which fail to comply with the requirements set forth in this paragraph shall be dismissed without prejudice to refiling under this subpart.
(c) Filing. A motion for revision of a decision based on clear and unmistakable error may be filed at any time. Such motions should be filed at the following address: Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
(d) Requests not filed at the Board. A request for revision transmitted to the Board by the Secretary pursuant to 38 U.S.C. 7111(f) (relating to requests for revision filed with the Secretary other than at the Board) shall be treated as if a motion had been filed pursuant to paragraph (c) of this section.
(e) Motions for reconsideration. A motion for reconsideration, as described in subpart K of this part, whenever filed, will not be considered a motion under this subpart.
(f) Withdrawal. A motion under this subpart may be withdrawn at any time before the Board promulgates a decision on the motion. Such withdrawal shall be in writing, shall be filed at the address listed in paragraph (c) of this section, and shall be signed by the moving party or by such party's representative. If such a writing is timely received, the motion shall be dismissed without prejudice to refiling under this subpart.
(Authority: 38 U.S.C. 501(a), 7111)
[64 FR 2139, Jan. 13, 1999, as amended at 66 FR 35903, July 10, 2001; 81 FR 32650, May 24, 2016; 84 FR 192, Jan. 18, 2019]
Related references
- 38 USC § 7111: Clear and Unmistakable Error in a Board Decision
- 38 CFR § 3.2400: Modernized and Legacy VA Appeals Explained
- 38 CFR § 3.159: VA duty to assist: records and examinations
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