Question 1

What is Clear and Unmistakable Error?

Accepted Answer

Clear and unmistakable error, also referred to as CUE, refers to a mistake made during a VA’s decision. More specifically, CUE occurs when there was a piece (or pieces) of information that wasn’t properly examined which would have changed the decision.

Question 2

What is a VA CUE Used for?

Accepted Answer

The clear and unmistakable error VA regulation is used to rectify important mistakes that may have resulted in a veteran not receiving the benefits they deserve. While VA CUE requests are typically used by veterans, clear and unmistakable error can also be cited by the VA to reduce benefits or deny a previously approved decision.

Question 3

Who is Eligible to File a VA CUE?

Accepted Answer

Typically, any time a VA Regional Office (RO) responds to a veteran’s disability claim the decision can be subject to a CUE request. If a veteran has enough evidence to prove that a mistake was made in the case, they are eligible to file a CUE. There is also no time limit for filing a VA CUE request. Even if a decision was made decades ago, if it was never appealed the veteran could challenge it today without consequence. However, the effective date (the day benefits will be retroactively paid from if the request is successful) will be the day the appeal claim is made, not the date of the original decision as with other appeal tactics such as HLR or supplemental claims.

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