On occasion we find that an error in a VA Disability decision shows the VA failed to follow procedural directives, overlooked material facts of records, and/or failed to apply or incorrectly applied the appropriate laws or regulations. When this happens we file what is called a CUE, or a clear and unmistakable error.
A CUE is an error that is undebatableUndebatable, is the key word in the definition. Before filing a CUE, make sure you consider that at the time of the decision, everything of record and the law at that time. Also, consider whether the error made would have changed the original rating decision. Once the decision on the CUE is final, you may not file another CUE on the issue again. in that a reasonable mind can only conclude that the original decision was fatally flawed at the time it was made.
A CUE can be identified at any level of the appeals process. However, the definition of a CUE is very strict. Need help with this type of claim? Do not hesitate to call our office at 1-877-838-3726.
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