Any mistakes or errors in judgment made by the Department of Veteran’s Affairs when denying disability compensation to a deserving veteran is known as CUE, which is short for Clear and Unmistakable Error. This often refers to situations where key pieces of information were not thoroughly evaluated, which could have otherwise helped the VA reconcile its original decision.
As per the US Court of Appeal for Veterans Claims, there are a couple of essential attributes to CUE cases. These are the factors that constitute a CUE in the appellant court. Those characteristics are as follows:
- Any information that the VA did not consider, which was vital to the case, was not presented to the adjudicator beforehand, or if the regulatory laws at the time were not implemented adequately.
- The mistake was made in line with the data available and the laws governing the case at the time the VA made the decision.
- If the mistake did not occur, it would have drastically modified the outcome of the case at the time the adjudicator made the decision.
Veteran’s Affairs Clear and Unmistakable Error ClaimsÂ
While important, CUE claims are not necessarily claims, they are pieces of information or evidence that can help support the applicant’s petition for a revision or overturning of the original decision made by the VA.
Request for CUE offers a more thorough route for applicants to challenge the decisions made by the VA. However, to challenge a decision, it is very important for the veteran to precisely know how they got injured and the time frame of when the injury occurred. They must plead that they can present evidence to further shed light on the fact that the judgment made by the VA was erroneous.