Clear and Unmistakable Error

Many times, veterans will have received a rating decision from the VA that is later overturned. The question is then whether a veteran can get paid starting from the date of the original claim, which might be decades before. The answer to that question is maybe, but if it can be done, it can lead to a large back pay award for the veteran. When determining if there was a clear and unmistakable error, there are some things that you need to consider:

  • Was the decision final? Occasionally, a claim will have been made, but the VA did not address it in a decision. That claim is still pending and is considered open. No error need be found in this case.
  • Why was the claim denied? It is important to gather as much evidence and information about the original denial as possible.
  • What was the law at the time of the denial? Laws and regulations change, and you need to know the law at the time of the decision.

Clear and unmistakable error (CUE) means that the correct facts were not known to the VA at the time, or the law and regulations in effect at the time were not applied correctly. The error must have been grievous enough to have changed the outcome of the decision at the time it was made, and be so wrong that reasonable minds could not differ. These claims are difficult to win, but certainly not impossible.

If you believe that you may have a clear and unmistakable error (CUE) claim, please contact our team today at (888) 883-2483 for a free consultation.