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Clear and Unmistakeable Error “CUE” Claim
A “CUE” claim is one of the most powerful tools a veteran has to correct errors made by the VA in rating decisions. Clear and unmistakable error is a very specific and rare kind of error that if proven, requires VA to revise a previously final rating decision, even when that final decision is outside the statute of limitations for appeal. CUE claims are generally hard to win, but because they involve a prior final decision, can result in many years of backpay if successful.
Elements of CUE
In order to establish CUE and warrant revision of a prior final decision, a veteran must show: (1) either the facts known at the time of the decision being attacked on the basis for CUE were not before the adjudicator, or the law then in effect was incorrectly applied; (2) an error occurred based on the record and the law that existed at the time; and (3) had the error not been made, the outcome would have been manifestly different.
If it is not absolutely clear that a different result would have ensued, the error alleged is not clear and unmistakable. Examples of situations that are not clear and unmistakable error include a new medical diagnosis that “corrects” an earlier diagnosis considered in the decision, or disagreement as to how the facts were weighed or evaluated.
How I Can Help
CUE claims are complex and I recommend contacting an attorney if you think you’ve identified clear and unmistakable error in your claim. A CUE claim must raise all possible CUE arguments pertaining to that rating decision, and if the claim fails to raise an error, a veteran will be precluded from raising that error at a future date.
I review all of my clients’ VA claims files for clear and unmistakeable error, even if you hired me another claim. If I identify a potential CUE claim, I will prepare and submit a CUE claim on your behalf with the goal of obtaining past-due benefits.
I work on a contingency fee basis which means you pay no up-front fees for my representation. You only pay my fee if I successfully resolve your appeal. My fee is a reasonable percentage of your backpay award, and does not impact your future benefits.
In addition, I advance all costs of your appeal including the cost of obtaining independent medical examinations (when appropriate). You are only responsible for repayment of expenses upon successful resolution of your appeal, or if you terminate my representation before final conclusion of your appeal.
I handle every aspect of your case from initial intake to resolution, and as a disabled veteran myself, I understand what you are going through. I don’t use support staff, so you are always dealing with me and I pride myself on responding to my clients in a timely manner.