(a)
Review to determine whether clear and unmistakable error exists in a final Board decision may be initiated by the Board, on its own motion, or by a party to that decision (as the term “party” is defined in Rule 1401(b) ( § 20.1401(b) of this part) in accordance with Rule 1404 ( § 20.1404 of this part ).
(b)
All final Board decisions are subject to revision under this subpart except:
(1)
Decisions on issues which have been appealed to and decided by a court of competent jurisdiction; and
(2)
Decisions on issues which have subsequently been decided by a court of competent jurisdiction.
Code of Federal Regulations
(Authority:
38 U.S.C. 501(a), 7111
)
Code of Federal Regulations
[64 FR 2139, Jan 13, 1999, as amended at 64 FR 73414, Dec. 30, 1999]