C.F.R. » Title 38 » CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS › PART 20—BOARD OF VETERANS' APPEALS: RULES OF PRACTICE › Subpart O—Revision of Decisions on Grounds of Clear and Unmistakable Error

38 C.F.R. § 20.1410

Rule 1410. Stays pending court action

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The Board will stay its consideration of a motion under this subpart upon receiving notice that the Board decision that is the subject of the motion has been appealed to a court of competent jurisdiction until the appeal has been concluded or the court has issued an order permitting, or directing, the Board to proceed with the motion.

(Authority: 38 U.S.C. 501(a))
Notes of Decisions
Cited in 5 cases, 2005–2015 · leading case: Robert J. May v. R. James Nicholson, 19 Vet. App. 310 (Vet. App. 2005).
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Robert J. May v. R. James Nicholson, 19 Vet. App. 310 (Vet. App. 2005). · cites it 2× “BVA Stays Pending Court Consideration of CUE Claims The Court notes that 38 C.F.R. § 20.1410 (“Stays pending court action”), which provides that the Board “will stay its consideration of a [CUE claim] upon receiving notice that the Board decision that is the subject of the [CUE…”
Rogelio C. Gomez v. Robert A. McDonald, 28 Vet. App. 39 (Vet. App. 2015). · cites it 2× “(construing 38 C.F.R. § 20.1410 as providing that "upon receipt of a premature CUE [motion], the Board must hold the [motion] and not file it at that time and then, upon expiration of the 120-day judicial appeal period" file the CUE motion where no NOA is filed; or, "upon the…”
May v. Shinseki, 544 F. App'x 1002 (Fed. Cir. 2013). “However, the Board’s regulations clearly contemplate just such a situation, and provide that the Board will stay its consideration of a § 7111 revision motion “upon receiving notice that the Board decision that is the subject of the motion has been appealed to a court of…”
May v. Nicholson, 208 F. App'x 924 (Fed. Cir. 2006). “Accordingly, the Veterans Court vacated the board’s denial of the CUE claim and remanded it to be held in abeyance pursuant to 38 C.F.R. § 20.1410 . Section 20.1410 requires the board to stay a motion for revision of a decision on grounds of CUE if the underlying board decision…”
May v. Shinseki, 396 F. App'x 693 (Fed. Cir. 2010). “The Veterans Court vacated and remanded the Board’s denial of May’s CUE motion, ordering the Board to hold the matter in abeyance under 38 C.F.R. § 20.1410 until the Veterans Court decided the direct appeal of the Board decision.”
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