Citation Nr: 22017950
Decision Date: 03/27/22	Archive Date: 03/27/22

DOCKET NO. 20-19 181
DATE: March 27, 2022

ORDER

The motion for reversal or revision of the February 6, 2020, Board of Veterans' Appeals (Board) decision that denied the application to reopen the previously denied claim of entitlement to service connection for residuals of an injury of the left hand is dismissed.

FINDING OF FACT

In November 2021, the United States Court of Appeals for Veterans Claims (Court) issued a Memorandum Decision that, in pertinent part, affirmed the Board's February 6, 2020, decision that denied the application to reopen the previously denied claim of entitlement to service connection for residuals of an injury of the left hand.

CONCLUSION OF LAW

As the Court, in its November 2021 Memorandum Decision, affirmed the Board's February 6, 2020, decision that denied the application to reopen the previously denied claim of entitlement to service connection for residuals of an injury of the left hand, the Veteran's motion for reversal or revision based on CUE is dismissed as moot.  38 U.S.C. § 7111 (2012); 38 C.F.R. § 20.1400 (2021).

REASONS AND BASES FOR FINDING AND CONCLUSION

This matter is currently before the Board on the moving party's March 2020 motion for revision or reversal on the grounds of CUE in the February 6, 2020, Board decision that denied the application to reopen the previously denied claim of entitlement to service connection for residuals of an injury of the left hand.

In a February 6, 2020 decision, the Board denied the application to reopen the previously denied claim of entitlement to service connection for residuals of an injury of the left hand.  The Veteran appealed this decision to the Court.  

In a November 2021 Memorandum Decision, the Court, affirmed the Board's February 6, 2020 decision.  The Veteran did not appeal this decision.

Thus, the Board's February 6, 2020, decision that denied the application to reopen the previously denied claim of entitlement to service connection for residuals of an injury of the left hand, was clearly affirmed by the Court in November 2021, and this decision is not subject to revision by the Board.  In essence, the Court's opinion replaces the Board decision regarding this issue, and thus, there is no Board decision available for revision.  See 38 C.F.R. § 20.1400; see Winsett v. Principi, 341 F.3d 1329, 1331 (Fed. Cir. 2003) (holding that the Board, as a lower tribunal, may not review the decision of a higher tribunal under guise of correcting CUE).

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Given the Court's November 2021 affirmance, there is no longer a controversy regarding the issue of whether there was CUE in the February 6, 2020, Board decision that denied the application to reopen the previously denied claim of entitlement to service connection for residuals of an injury of the left hand.  Accordingly, the Board does not have jurisdiction to adjudicate the merits of the CUE motion and it is dismissed.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Thomas, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.