Claim Raven explanation
What this means
This law permits revision of a Board decision for clear and unmistakable error. A qualifying revision can have the same effect as if the corrected decision had been made originally.
The motion is submitted directly to the Board and follows the Board's CUE rules. It is different from an ordinary appeal to the Veterans Court or a Supplemental Claim based on new evidence.
How this helps your claim
Identify the particular Board decision and a specific error under the law and record that applied then. Review the demanding CUE standard and pleading requirements before choosing this route.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Obtain the final Board decision and the record relevant to it.
- Identify the precise alleged error and why it would have changed the outcome.
- Check the Board's motion requirements and any related court proceedings.
Keep Board CUE separate from other review paths
This statute concerns revision of the Board's own decision for clear and unmistakable error. An agency decision challenged under section 5109A and a Court appeal use different frameworks. Identify the decision-maker and the exact decision before applying the procedure.
The motion must meet the Board's specific CUE rules, including a qualifying error and its outcome effect. A later favorable development does not automatically establish the earlier rare error. Keep the historical facts and governing law distinct from new evidence that belongs in another review process.
Does filing a CUE motion substitute for a timely Court appeal?
No. They are separate procedures with different standards and timing considerations. The availability of a Board CUE motion should not be treated as assurance that another review deadline can be ignored. Read the actual decision notice and applicable Court rules when assessing those separate options.
Official statutory text
38 USC § 7111
OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 7111. Revision of decisions on grounds of clear and unmistakable error
(a) A decision by the Board is subject to revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or revised.
(b) For the purposes of authorizing benefits, a rating or other adjudicative decision of the Board that constitutes a reversal or revision of a prior decision of the Board on the grounds of clear and unmistakable error has the same effect as if the decision had been made on the date of the prior decision.
(c) Review to determine whether clear and unmistakable error exists in a case may be instituted by the Board on the Board’s own motion or upon request of the claimant.
(d) A request for revision of a decision of the Board based on clear and unmistakable error may be made at any time after that decision is made.
(e) Such a request shall be submitted directly to the Board and shall be decided by the Board on the merits.
(f) A claim filed with the Secretary that requests reversal or revision of a previous Board decision due to clear and unmistakable error shall be considered to be a request to the Board under this section, and the Secretary shall promptly transmit any such request to the Board for its consideration under this section.
Related references
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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