How to Address a “Clear and Unmistakable Error”

At Stevens & Sullivan, we understand that every dollar and every day counts. That’s why it can be especially frustrating when the VA makes a serious mistake in your disability claim. In some cases, that mistake might rise to the level of what’s called a Clear and Unmistakable Error, or CUE, a powerful legal avenue for correcting wrongful denials or inaccurate ratings. Here’s what you need to know about identifying and addressing a CUE in your VA disability decision.

What Is a CUE?

A CUE is a very specific type of mistake made by the VA when deciding a disability claim. It’s not just any error, it must be:

• Undebatable: Reasonable minds could not differ that the outcome would have been different if the error had not occurred.
• Based on the record and law in existence at the time the original decision was made.

Unlike a typical appeal, which challenges a decision going forward, a successful CUE claim can result in a retroactive correction, potentially awarding back pay all the way to the original effective date of the incorrect decision.

What Types of Errors Qualify as a CUE?

The VA is not allowed to change a judgment call or difference of opinion. Instead, valid CUEs typically involve:

• Failure to apply or misapplication of VA laws or regulations that existed at the time.
• Overlooking material facts in the record, such as failing to consider a documented diagnosis or service event.
• Mistakes in calculating the disability rating or effective date.

However, new evidence that wasn’t part of the original record cannot be used to establish a CUE.

How Can You Tell If Your Decision Contains a CUE?

If you believe something was seriously wrong with your VA decision, especially if the outcome seems inconsistent with the law or medical records at the time, it’s worth having an experienced attorney review your file. Examples of red flags include:

• Ignoring key service records or medical diagnoses
• Assigning the wrong rating percentage despite clear evidence
• Using the wrong effective date without legal justification

At Stevens & Sullivan, we regularly help veterans examine past decisions for possible CUEs and determine whether it’s worth filing a motion.

What Do You Need to File a CUE Review?

To file a CUE motion, a veteran must submit:

• A written statement identifying the specific decision and clearly alleging a CUE
• A detailed explanation of what the error was and why it qualifies under the law
• References to the laws or facts that were misapplied

You do not need to submit new medical evidence, the focus is solely on the record that existed when the decision was made.

How Long Does the CUE Process Take?

CUE motions can take several months to several years to resolve, depending on the complexity of the case and VA backlog. However, the potential benefits make it worth pursuing in many cases.

Common Challenges Veterans Face and How to Overcome Them

The biggest challenge is that the bar for proving CUE is extremely high. Veterans often struggle to:

• Properly cite the law and facts involved
• Identify the precise error in the original decision
• Craft a legally sound motion that meets VA standards

That’s where working with an experienced VA-accredited attorney, like those at Stevens & Sullivan, becomes essential. We help veterans avoid common pitfalls and build strong, focused CUE motions that are more likely to succeed.

Let Stevens & Sullivan Help You Make It Right

If you believe the VA made a serious error in your past disability decision, don’t let that mistake go unchallenged. A CUE motion could restore the benefits and justice you’ve earned. Call us at 404-467-9017 to schedule your free consultation.