What is a CUE claim?
CUE stands for Clear and Unmistakable Error in a past VA decision. It is a collateral attack. CUE claims involve three specific facets: 1. A final decision from VARO or the BVA that was never appealed. 2. It involves an error as to the application of the fact or law that existed when the CUE was made. 3. It manifestly would change the outcome of the past claim if successful. Often a CUE is the only way to recover lost retroactive monies in a decision that was never appealed. CUE claims are not appropriate for medical decisions, a failure of the VAs duty to assist, or a disagreement as to how an adjudicator weighed the facts. Before attempting to file a CUE claim, a claimant should thoroughly read Section 20.1403 of 38 C.F.R. and also search in the BVA website by putting CUE granted into the search button, as these cases will be good examples of what a CUE claims needs in order to succeed. Example: The VA fails to adjudicate whether a veteran was entitled to SMC in 1997. The veteran acc
