In Hillyard v. Shinseki, docket no. 2011-7157 (Aug. 17, 2012 Fed. Cir.), the U.S. Court of Appeals for the Federal Circuit affirmed a Veterans Court decision that determined that appellants can bring only one motion for revision of any one disability claim based on clear and unmistakable error (CUE) to the Board of Veterans’ Appeals. Appellants must raise every possible CUE theory in their CUE motion to the Board, or risk losing the ability to raise that argument. This case does not apply to CUE motions raised at the regional office level.
(Posted to hoeferlaw.com September 2012)