Clear and Unmistakable Error Successful “CUE” Claims Attorney
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 unmistakable 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.
MY FEE
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.
WHY ME
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.
Unmistakable Error Successful (CUE) FAQs
What Is An Unmistakable Error Successful (CUE) Claim?
Unmistakable Error Successful (CUE) Claims is a specific type of claim filed so that errors in past decided claims within the Veterans Affairs (VA) system are corrected. These claims are presented when it’s believed that a final decision made on a veteran’s benefits or services contains a clear and indisputable error. Successfully proving a CUE can lead to a change in the decision, potentially resulting in additional benefits for the veteran. It’s essential to note that not just any error qualifies; the error must be one that, if it hadn’t occurred, would have changed the outcome of the decision.
Why Would Someone Pursue An Unmistakable Error Successful (CUE) Claim?
Veterans might pursue a CUE claim when they believe a clear and unmistakable error was made in the final decision on their benefits or services. If a veteran, or their representative, can prove that such an error exists and that the error directly led to an unfavorable outcome, the VA is obligated to correct it. This could mean an increase in benefits, a change in disability rating, or other adjustments to the veteran’s favor. This allows a key opportunity for veterans to ensure that they are granted the benefits and recognition that they are deserving of.
What Makes A CUE Claim Different From Other VA Appeals?
While both CUE claims and other VA appeals seek to modify or overturn decisions made by the VA, the basis and the process for each are distinct. Traditional appeals focus on disagreements with the evidence or its interpretation in the decision. CUE claims, on the other hand, aren’t about disagreeing with how evidence was viewed. Instead, they hinge on proving that a clear and undeniable error was made, and that this error directly influenced the decision’s outcome. As an Unmistakable Error Successful (CUE) claims attorney can explain, due to this key distinction, the burden of proof for such claims is much higher.
How Can I Determine If I Have A Valid CUE Claim?
Determining the validity of a CUE claim can be complex. It requires a deep understanding of VA law, meticulous review of your case file, and clear identification of the unmistakable error and its impact on the decision. Gregory M. Rada, Attorney at Law, has extensive experience in handling such claims. With a thorough assessment, he can guide veterans in understanding if they have a valid CUE claim and how best to proceed. It is important to note that a CUE is not warranted for simply disagreeing with the VA’s initial decision or having a much different interpretation of their evidence.
Where Can I Find Assistance For My Unmistakable Error Successful (CUE) Claims Attorney Needs?
If you’re in and believe you have a valid CUE claim, or even if you’re just exploring the possibility, seeking the guidance of an experienced Unmistakable Error Successful (CUE) Claims Attorney is crucial. Such professionals have the expertise to navigate this complicated legal territory, ensuring the best possible outcome for veterans. Gregory M. Rada, Attorney at Law, is a trusted expert in this area, dedicated to serving veterans and ensuring they get the recognition and benefits they rightfully deserve. You do not have to work on this claim alone, so contact a skilled Unmistakable Error Successful (CUE) claims attorney near you so that you can get the legal help you need.
Our Firm’s Military Experience & Education
Each team member at After Service LLC has a personal connection to the military. Two of our attorneys have served in the armed forces, bringing firsthand experience and understanding to the challenges faced by service members and their families. Our lead attorney, Gregory M. Rada, received his A.A.S. degree in Aviation Operations at the Community College of the Air Force. He then earned his bachelor’s degree in information technology while serving in the Air Force. With our collective military background, we are truly a firm of veterans, for veterans.
Common Causes of Clear and Unmistakable Errors in VA Disability Ratings
A Clear and Unmistakable Error (CUE) occurs when the VA makes a fundamental mistake in a disability rating decision, and correcting it can lead to an increased rating or retroactive benefits for veterans. At Gregory M. Rada, Attorney at Law, we are dedicated to supporting veterans through these challenging claims. Greg is a staunch supporter of veterans’ rights and support systems, always ready to assist in improving the lives of disabled veterans.
Below are seven common causes of clear and unmistakable errors in VA disability ratings that veterans should be aware of:
Misapplication Of VA Regulations Or Laws
One of the most frequent causes of CUE is the VA’s incorrect interpretation or application of its own regulations or statutes. This can happen when the VA applies outdated rules or ignores relevant laws in making a rating decision, leading to a fundamentally flawed outcome. For example, a rating decision might fail to consider recent changes in VA disability criteria or overlook precedent-setting court rulings that should have influenced the decision. Such errors undermine the fairness of the rating and can be grounds for correction.
Failure To Consider Relevant Evidence
Sometimes the VA overlooks or fails to fully evaluate evidence that was part of the original claim file. This could include medical records, service treatment records, or expert opinions that clearly support a higher disability rating but were disregarded without a valid reason. Overlooking such evidence not only leads to undervaluing a veteran’s disability but also violates procedural fairness. Our VA-accredited lawyer is your advocate throughout the claims processing, making sure that all your medical evidence is properly reviewed.
Incorrect Evaluation Of Disability Severity
An error may occur when the VA inaccurately assesses the severity of a veteran’s disability, often by relying on flawed medical examinations or failing to recognize the full extent of symptoms and limitations. For example, the VA might assign a lower rating because a medical exam did not capture intermittent but severe flare-ups, or because functional impairments affecting daily life were not adequately documented. Such under-evaluations can result in veterans receiving less compensation than they are entitled to.
Mistakes In Identifying The Date Of Onset Or Effective Date
The effective date determines when benefits begin, and a CUE can arise if the VA incorrectly sets this date, causing a veteran to lose retroactive payments they are owed. This can happen when the VA misinterprets claim filing dates, fails to recognize earlier filings, or overlooks evidence of when a disability began or worsened. Correcting such errors can lead to significant financial recovery for veterans who waited months or years for benefits.
Improper Denial Of Service Connection
A Clear and Unmistakable Error may also involve the improper denial of service connection altogether. This means the VA failed to recognize that a disability is related to military service despite evidence supporting such a link, which can be grounds for reopening and correcting the claim. Sometimes this happens due to lack of medical Nexus opinions or misinterpretation of the service history. Challenging these denials is critical to access rightful benefits.
Errors In Combining Multiple Disabilities
The VA uses a combined ratings table to calculate overall disability when a veteran has multiple service-connected conditions. Mistakes can occur if the VA incorrectly combines these ratings or fails to include all disabilities in the calculation, leading to an inaccurate overall rating. This can reduce monthly benefits unjustly. Identifying and correcting these mathematical or procedural errors is essential for proper compensation.
Failure To Apply The Benefit Of The Doubt Doctrine
VA claims decisions are supposed to apply the “benefit of the doubt” rule, which means when evidence is in approximate balance, the decision should favor the veteran. A CUE can happen if this doctrine was ignored or improperly applied, resulting in denial or lower rating even when evidence equally supports a higher disability level. This fundamental principle safeguards veterans from unjust decisions and is often central to successful CUE claims.
Revising Clear And Unmistakable Errors To Maximize Disability Benefits
Recognizing a Clear and Unmistakable Error in a VA disability rating is pivotal for veterans seeking the full benefits they earned through their service. At Gregory M. Rada, Attorney at Law, we represent veterans across the country, offering direct communication and working on a contingency fee basis.
If you believe your VA rating decision contains a CUE, our knowledgeable legal team can review your case and guide you through the process to correct any fundamental errors. Schedule a free case review today and let us help you secure the benefits you deserve.
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