VA claims assistance and ratings often make errors that are rarely due to missing information during the examination process. If you are a veteran who has applied for VA disability benefits, it is important that you understand the VA Cue claims.
It is one of the processes that veterans can attest to as a “clear and unmistakable error” (CUE) made by the VA. As a company that helps veterans claim VA disability, this blog will provide you the necessary details about VA CUE claims.
However, it’s important to note that CUE claims are rare and can only be made if certain criteria are met. What are these criteria? Venture on to find out.
What exactly is a CUE Claim?
Clear and unmistakable error claims are regulations that are instituted to resolve mistakes that are a direct result of a veteran not receiving proper compensation for their VA claims. But how can a veteran determine if they can apply for this?
To determine if you can submit a CUE claim, it must be clear that an error was made in the final decision. Each VA rating for a claim of VA disability is final, and a decision to approve a CUE claim is extremely rare; however, its approval is derived only from clear and specific criteria. Here are some of them:
Criteria under CUE Claims
Successful CUE claims are conclusive and not disputed. It can either be alleged by the claimant or discovered by the Department of Veterans Affairs. The Code of Federal Regulations has established these criteria for clear and unmistakable error claims.
The facts at that time were overlooked by the adjudicator, or the statutory or regulatory provisions, or the misapplication of the law.
Correction of the mistake results in a different outcome than at the time it was made.
Only the record of your case and the law in effect at the time of the decision should be taken into account.
Filing a VA Appeal versus filing a CUE claims
Winning or filing a CUE claim can be challenging compared to a VA appeal. The difficulty surrounding the CUE claim is only regarded as a last resort after all other options have been exhausted. If you don’t have new evidence but are eligible for an appeal, it’s recommended that you apply for a Higher-Level Review Appeal.
Who is eligible to file a CUE claim?
CUE claims are difficult to prove, and a veteran’s eligibility to file a CUE claim is warranted if they have sufficient evidence showing that a mistake was made in the case. There is no specific time limit for submitting a VA CUE request, so the veteran can challenge a decision that was made decades ago, even if they never filed an appeal, without facing any consequences.
The effective date, if the request is granted, will be the day the appeal claim is filed, not the date of the original decision, which is different from other ways to appeal, like supplemental claims.
Examples of Successful and Unsuccessful CUE Claims
Examples of a successful “Clear and Unmistakable Error” claims are the following:
- Failure to follow the law or regulations, including the fact that the VA didn’t give a sympathetic reading of the veteran’s file by figuring out what claims might be supported by the evidence and following all applicable laws and rules.
- reduction of the VA rating without adhering to the proper laws and regulations
- Failure of the VA to recognize a chronic disability that started after the veteran’s service
VA can and will dismiss a motion for CUE claims if the request is too broad, unclear, or does not meet the established VA standards. Most of these are due to the fact that the VA has not reached a final decision yet. Here are a few examples of unsuccessful CUE claims:
- Deferred Rating (if the decision from the VA is not final).
- Proposed rating (if the decision from the VA is not final).
- The VA failed to assist a veteran in obtaining documents, resulting in a lost case.
Misapplications of a law to a veteran’s case or the overlooking of obvious evidence in a veteran’s VA Claims file are two examples of errors that are not covered by CUE. Such errors provide entitlement to retroactive pay going back to the date the claim is filed.
Veterans Affairs will send you a VA CUE letter informing you if you submitted an invalid CUE request and outlining the results and their factual basis.
Veterans may seek the assistance of an accredited attorney, claims agent, or Veterans Services Officer for their claims or appeals. Just4Veterans is here to assist you with your VA disability claim application and determine if you are eligible for a CUE claim. Check our page here for more information.