Citation Nr: 18152467
Decision Date: 11/23/18	Archive Date: 11/23/18

DOCKET NO. 18-41 830
DATE:	November 23, 2018
ORDER
The motion for revision of a Board of Veterans Appeals’ (Board) decision based on clear and unmistakable error (CUE) is dismissed without prejudice to refiling.
FINDINGS OF FACT
The moving party failed to adequately set forth the date of the Board decision to which the motion relates.
CONCLUSION OF LAW
Because the requirements for a motion for revision of a decision based on clear and unmistakable error have not been met, the motion must be dismissed without prejudice to refiling.  38 C.F.R. § 20.1404(a) (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The Veteran, who is the moving party, served on active duty in the Army from July 1967 to December 1967.
This matter is before the Board of Veterans’ Appeals (Board) based on a July 2018 motion by the moving party, which sought a revision of an unspecified Board decision on the basis of clear and unmistakable error.  The record reflects that the moving party was advised of the law and regulations pertaining to Board CUE motions in August 2018.
A motion for revision of a decision based on clear and unmistakable error must be in writing, and must be signed by the moving party or that party’s representative.  The motion must include the name of the veteran; the name of the moving party if other than the veteran; the applicable Department of Veterans Affairs file number; and the date of the Board of Veterans’ Appeals decision to which the motion relates.  If the applicable decision involved more than one issue on appeal, the motion must identify the specific issue, or issues, to which the motion pertains.  Motions which fail to comply with the requirements set forth in this paragraph shall be dismissed without prejudice to refiling under this subpart.  38 C.F.R. § 20.1404(a) (2017).
In the instant matter, the July 2018 motion does not identify the date of the Board decision with which the moving party alleges clear and unmistakable error.  If the Board decision involves more than one issue, the specific issue or issues to which the motion pertains, also was not adequately identified.  Because the moving party’s motion fails to comply with the requirements set forth in 38 C.F.R. § 20.1404(a) (2017), the motion is dismissed without prejudice.
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K. Conner
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Behlen, Associate Counsel