A CUE stands for a clear and unmistakable error that involves a situation where the correct facts were not shared with the VA. Claims based on CUEs can be filed at any time, even decades after the decision was made. There is a pleading requirement when presenting a claim for CUE. If you need to learn more information about CUEs, keep reading.
How to Identify a CUE
To file a successful CUE, you must meet a high burden of proof. The biggest objective is to show that the error was clear and unmistakable. Here’s how to do that:
- First, review the original decision and record. This is where you start identifying where the specific legal and factual error took place.
- Next, show that the error is undeniable. This means that any person reviewing the decision would agree that the error occurred.
- Finally, you need to demonstrate that the error changed the outcome.
What Happens When a CUE is Found?
If the VA finds a CUE in your case, there will be a process that they have to follow. First, they will revise the original decision and correct it accordingly. If the CUE claim is successful, the benefits will be reinstated, they will have an earlier effective date, and there will be backpay from the VA. If the CUE is successful, there is a chance that the disability rating increases. The timeline for a CUE can take around several months or longer. If the CUE is denied, there is an option to appeal if you think the VA is wrong.
How to File a CUE
A person filing a CUE must thoroughly address four requirements. If these requirements can’t be addressed, they cannot win the motion. This is very important because a veteran gets one chance to allege a CUE. Here are the requirements:
- The decision being challenged must be a “final decision” from the Regional Office or the VA that was never appealed.
- When the decision was made, either the correct facts were not before the adjudicator or the regulatory or statutory provisions were incorrectly applied.
- The error is undeniable, which means a reasonable person would not disagree that what the VA did was incorrect.
- The error must have made a difference in the outcome of the decision, meaning that the error cost the veteran benefits.
Examples of a VA CUE
CUEs may vary widely; some examples include the following:
- Your right to appeal your rating decision was never mentioned by the VA.
- A presumptive service connection for your condition was not applied.
- The VA improperly applied its established rules on rating reductions.
- Your VA medical records were not considered, even though the RO had them.
It’s best to note that CUEs are relatively rare and difficult to argue or even find on your own. There have been some cases where CUEs were found, and there are many ways they can happen; these are just a few examples.
Filing a Motion For Revision Based on CUE
There is no specific form that exists to file for a motion for revision based on a CUE claim. Veterans can write and sign a request, or they can have their VA-accredited disability lawyer submit a request for them. A claim to revise a CUE should very clearly and specifically explain what the error was, and it must present an argument for why the error qualifies as a CUE. The letter should also outline how the outcome of the decision would be different if the VA hadn’t made the mistake. It’s best to have a lawyer present when dealing with this. They will be able to help you with filing.
Need Help With What Comes After a CUE?
If the VA finds a CUE in your case, no need to worry, Tabak Law will be able to help. It’s better to have backup when it comes to dealing with CUEs because they are so difficult to find. Let Tabak Law help you with your case.