# 38 C.F.R. § 20.1404 (2026): Rule 1404. Filing and pleading requirements; withdrawal > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1404 ## Section - **Citation:** 38 C.F.R. § 20.1404 (2026) - **Heading:** Rule 1404. Filing and pleading requirements; withdrawal - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 38 CFR: Pensions, Bonuses, and Veterans' Relief / 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 / § 20.1404: § 20.1404 Rule 1404. Filing and pleading requirements › withdrawal. ## Text (a) General. 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. (b) Specific allegations required. The motion must set forth clearly and specifically the alleged clear and unmistakable error, or errors, of fact or law in the Board decision, the legal or factual basis for such allegations, and why the result would have been manifestly different but for the alleged error. Non-specific allegations of failure to follow regulations or failure to give due process, or any other general, non-specific allegations of error, are insufficient to satisfy the requirement of the previous sentence. Motions which fail to comply with the requirements set forth in this paragraph shall be dismissed without prejudice to refiling under this subpart. (c) Filing. A motion for revision of a decision based on clear and unmistakable error may be filed at any time. Such motions should be filed at the following address: Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. (d) Requests not filed at the Board. A request for revision transmitted to the Board by the Secretary pursuant to 38 U.S.C. 7111(f) (relating to requests for revision filed with the Secretary other than at the Board) shall be treated as if a motion had been filed pursuant to paragraph (c) of this section. d at the following address: Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. (d) Requests not filed at the Board. A request for revision transmitted to the Board by the Secretary pursuant to 38 U.S.C. 7111(f) (relating to requests for revision filed with the Secretary other than at the Board) shall be treated as if a motion had been filed pursuant to paragraph (c) of this section. (e) Motions for reconsideration. A motion for reconsideration, as described in subpart K of this part, whenever filed, will not be considered a motion under this subpart. (f) Withdrawal. A motion under this subpart may be withdrawn at any time before the Board promulgates a decision on the motion. Such withdrawal shall be in writing, shall be filed at the address listed in paragraph (c) of this section, and shall be signed by the moving party or by such party's representative. If such a writing is timely received, the motion shall be dismissed without prejudice to refiling under this subpart. (Authority: 38 U.S.C. 501(a), 7111) [64 FR 2139, Jan. 13, 1999, as amended at 66 FR 35903, July 10, 2001; 81 FR 32650, May 24, 2016; 84 FR 192, Jan. 18, 2019] ## Nearby sections - [38 C.F.R. § 20.1400 (2026) § 20.1400 Rule 1400. Motions to revise Board decisions.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1400.md) - [38 C.F.R. § 20.1401 (2026) § 20.1401 Rule 1401. Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1401.md) - [38 C.F.R. § 20.1402 (2026) § 20.1402 Rule 1402. Inapplicability of other rules.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1402.md) - [38 C.F.R. § 20.1403 (2026) § 20.1403 Rule 1403. What constitutes clear and unmistakable error; what does not.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1403.md) - [38 C.F.R. § 20.1404 (2026) § 20.1404 Rule 1404. Filing and pleading requirements; withdrawal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1404.md) - [38 C.F.R. § 20.1405 (2026) § 20.1405 Rule 1405. Disposition.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1405.md) - [38 C.F.R. § 20.1406 (2026) § 20.1406 Rule 1406. Effect of revision; discontinuance or reduction of benefits.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1406.md) - [38 C.F.R. § 20.1407 (2026) § 20.1407 Rule 1407. Motions by the Board.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1407.md) - [38 C.F.R. § 20.1408 (2026) § 20.1408 Rule 1408. Special rules for simultaneously contested claims.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1408.md) - [38 C.F.R. § 20.1409 (2026) § 20.1409 Rule 1409. Finality and appeal.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1409.md) - [38 C.F.R. § 20.1410 (2026) § 20.1410 Rule 1410. Stays pending court action.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1410.md) - [38 C.F.R. § 20.1411 (2026) § 20.1411 Rule 1411. Relationship to other statutes.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1411.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T38_P20_S20_1404. Check the current official text before relying on it. Not legal advice.