CUE (Clear & Mistakable Error) Claims – The Last Resort for VA Disability

CUE claims are a way to fight for a reversal of final VA decision denying disability benefits.  CUE is an acronym that stands for “clear and unmistakable error”.  Technically they are not claims at all but a type of request which more correctly should be called a motion for revision of an error. In order to win a CUE claim, you must overcome three hurdles: You have to show the VA erred in fact or law. You have to show that the error is undebatable.  And then you have to show that the outcome would have been different if it wasn’t for that error.

CUE can be filed at any time, even years or decades after the claim was decided or the appeal denied. 

The reality is that a motion for revision of an earlier decision—a CUE claim—is rarely granted and should only be made when the VA made a specific error and if it weren’t for that error, the VA would have granted the claim. One of the situations where CUE often comes into play is when the VA incorrectly applies a law that was in effect at the time of the original decision and the facts are clear that the disability claim would have approved if the law had been applied correctly. It is much more difficult to show that the VA did not properly evaluate the facts in denying a disability claim.

Of all VA claims, CUE claims are the hardest to win and should be the last resort—the Hail Mary—in your fight for VA benefits. At Cuddigan Law in pursuing your claim we prefer to exhaust all other courses of action first and hold CUE in reserve. If you believe you have the basis for a CUE claim, talk to us first. At Cuddigan Law we offer a free evaluation of your situation—no strings attached. Call us today.

 

 

Sean D. Cuddigan
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SSA and VA Disability Attorney in Omaha, Nebraska