A Clear and Unmistakable Error (CUE) declare is a selected sort of attraction that veterans can file after they imagine the VA made a big mistake in deciding their incapacity declare. CUE claims differ from different appeals as a result of they problem an earlier remaining choice primarily based on a authorized or factual error that, if corrected, would change the end result of the declare. Nevertheless, efficiently proving a CUE may be difficult, because the burden of proof is on the veteran to point out that the error was clear, unmistakable, and immediately affected the choice.
On this information, we’ll discover what constitutes a CUE, the best way to file a CUE declare, widespread pitfalls to keep away from, and sensible tricks to strengthen your case.
What Is a Clear and Unmistakable Error (CUE)?
A Clear and Unmistakable Error is a uncommon however severe mistake made by the VA in a remaining choice on a veteran’s incapacity declare. To qualify as a CUE, the error should meet strict standards:
- Clear: The error have to be apparent, with none room for interpretation. Cheap minds should agree that the error occurred.
- Unmistakable: The error have to be undebatable and never topic to various opinions or interpretations.
- Consequence-determinative: The error should have immediately impacted the end result of the choice. If the error hadn’t been made, the veteran would have acquired a special choice (e.g., the next incapacity score or service connection).
CUE claims can problem errors associated to:
- Factual errors: The VA missed or misinterpreted key info within the veteran’s data.
- Authorized errors: The VA utilized the unsuitable legal guidelines or laws in deciding the declare.
Examples of CUE in VA Incapacity Claims
Understanding what qualifies as a CUE may also help veterans decide if their case matches the standards. Listed below are some examples of what would possibly represent a CUE:
- Factual Error: The VA failed to think about medical proof that clearly confirmed a service-connected situation. For instance, in case your service medical data clearly documented a recognized situation throughout service, however the VA denied service connection primarily based on a scarcity of proof, this may very well be a CUE.
- Authorized Error: The VA misapplied a legislation or regulation in impact on the time of the choice. As an illustration, if the VA used outdated or incorrect score standards to assign your incapacity score, this may very well be a authorized CUE.
- Failure to Apply the Presumption of Soundness: If the VA did not correctly apply the presumption of soundness, which means it wrongly denied a declare on the premise that the situation was pre-existing with out clear proof that it wasn’t aggravated by service, this may very well be grounds for a CUE.
