Claim Raven explanation
What this means
A Board decision on a clear-and-unmistakable-error motion is final on the date stamped on its face and is subject to judicial review. Some dismissals without prejudice and specified referrals are not final Board decisions.
The consequence depends on the type of Board action. A listed dismissal without prejudice is not final, while a final decision on the same prior Board decision and issue prevents another CUE review of that issue before the Board.
How this helps your claim
After the Board issues a final CUE decision on a prior Board decision and issue, that same prior decision and issue cannot be reviewed again on another CUE motion. A later motion about it is dismissed with prejudice. By contrast, a dismissal without prejudice under the listed provisions of section 20.1404, or a referral under section 20.1405(d), is not a final Board decision under this rule.
What to check in your records
Classify the Board's action as a final merits decision, a dismissal without prejudice, a referral, or a dismissal with prejudice, and match it to the exact prior Board decision and issue.
- Keep the CUE motion, all amendments or responses, and proof of Board receipt.
- Preserve the Board action with the date stamped on its face and the mailing materials sent to the party and representative.
- Maintain an issue-level history of earlier CUE motions, dismissals, referrals, final decisions, and any court review.
Read the disposition before treating the matter as final
Use the exact words in the Board's order. The difference between a merits decision, a dismissal without prejudice, and a dismissal with prejudice determines whether this rule treats the action as final and whether another Board CUE motion is barred.
Track each challenged issue separately and preserve the stamped decision date. The rule provides for judicial review under chapter 72, but the applicable court process and timing must be confirmed from current official instructions.
Can I file another CUE motion about the same Board decision and issue after a final CUE decision?
No. Once there is a final decision on that CUE motion, the prior Board decision and issue are no longer subject to another CUE review, and a later motion is dismissed with prejudice.
Official regulatory text
38 CFR § 20.1409
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 20.1409 Rule 1409. Finality and appeal.
(a) A decision on a motion filed by a party or initiated by the Board pursuant to this subpart will be stamped with the date of mailing on the face of the decision, and is final on such date. The party and his or her representative, if any, will be provided with copies of the decision.
(b) For purposes of this section, a dismissal without prejudice under Rule 1404(a)(§ 20.1404(a) of this part), Rule 1404(b)(§ 20.1404(b)), or Rule 1404(f)(§ 20.1404(f)), or a referral under Rule 1405, paragraph (d) (§ 20.1405(d) of this part) is not a final decision of the Board.
(c) Once there is a final decision on a motion under this subpart relating to a prior Board decision on an issue, that prior Board decision on that issue is no longer subject to revision on the grounds of clear and unmistakable error. Subsequent motions relating to that prior Board decision on that issue shall be dismissed with prejudice.
(d) Chapter 72 of title 38, United States Code (relating to judicial review), applies with respect to final decisions on motions filed by a party or initiated by the Board pursuant to this subpart.
(Authority: 38 U.S.C. 501(a); Pub. L. 105-111)
[64 FR 2139, Jan. 13, 1999, as amended at 66 FR 35903, July 10, 2001; 84 FR 193, Jan. 18, 2019]
Related references
- 38 CFR § 20.1400: Which final Board decisions can be reviewed for clear and unmistakable error
- 38 CFR § 20.1104: When a Board decision replaces the underlying VA decision
- 38 CFR § 20.6: When a representative may withdraw from a Board appeal
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