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.
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.
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.
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.
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.
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.
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.
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.
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.
"Greg is an amazing lawyer that you should hire! I wanted someone who was also in the military and could understand how the VA system works to help me win my appeal for my TDIU benefits, and he managed to win my case. Thanks again!"
Pauline O'Connell
