| |
|
|
|
|
| |
| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
|
PREC 14-95 Reviewability of Unappealed Regional Office Decisions for Clear and Unmistakable Error - Effect of Subsequent Boar
|
PREC 14-95 Reviewability of Unappealed Regional Office Decisions for Clear and Unmistakable Error - Effect of Subsequent Board of Veterans' Appeals Action Citation: Vet. Aff. Op. Gen Couns. Prec. 14-95, VAOPGCPREC 14-95, 1995 QUESTIONS PRESENTED: a. Whether a final, unappealed Department of Veterans Affairs (VA) regional-office decision is subject to review for clear and unmistakable error (CUE) under 38 C.F.R. § 3.105(a), where, upon subsequent reopening, the Board of Veterans’ Appeals (BVA or Board) denied the claim. b. Whether a final, unappealed VA regional-office decision is subject to review for CUE, where the Board subsequently denied reopening of the claim.
HELD: a. A claim of clear and unmistakable error under 38 C.F.R. § 3.105(a) concerning a final, unappealed regional-office decision may not be considered where the Board of Veterans’ Appeals has reviewed the entire record of the claim following subsequent reopening and has denied the benefits previ-ously denied in the unappealed decision. b. If the Board of Veterans’ Appeals concludes that new and material evidence sufficient to reopen a prior, unappealed
regional-office decision has not been submitted, and denies reopening, the Board’s decision does not serve as a bar to a claim of CUE in the prior regional-office decision. |
|
|
|
|
|
|
|
|
|
|
|
