Clear and Unmistakable Error (CUE)

CUE

Some VA Errors Are So Serious They Never Become Final

Most VA decisions must be appealed within strict deadlines. Clear and Unmistakable Error is different. A valid CUE claim allows a Veteran to challenge a final VA decision long after the normal appeal period has expired, but only when the VA committed a specific type of legal error.

CUE is not a second chance to argue a case. It is a narrow, powerful remedy reserved for decisions that were fatally flawed at the time they were made.



We represent Veterans nationwide in identifying, developing, and litigating CUE claims. When used correctly, a CUE claim can result in corrected decisions and retroactive benefits reaching back decades.

What Qualifies as Clear and Unmistakable Error

A CUE exists only when all three of the following are true:

• The correct facts were not before the VA, or the law in effect at the time was incorrectly applied
• The error is undebatable, not a difference of opinion
• The outcome would have been manifestly different but for the error

This is a demanding standard. Most errors do not qualify. Those that do are often hidden in plain sight.

What Does Not Count as CUE

Understanding what CUE is not is just as important as understanding what it is.

CUE does not include:

• Disagreement with how the VA weighed evidence
• New medical diagnoses or evidence developed after the decision
• Changes in law or interpretation after the decision became final
• General allegations that the VA “got it wrong”

Because the standard is so strict, improperly filed CUE claims are routinely denied and can foreclose future arguments. Precision matters.

Common Types of CUE We See

Valid CUE claims often arise from the same recurring errors. Examples include:

• Failure to apply a regulation that was mandatory at the time
• Ignoring service records that were in VA possession
• Misapplication of rating criteria or diagnostic codes
• Failure to adjudicate a reasonably raised claim
• Assigning an incorrect effective date based on a legal misstep

These errors are not subtle once identified. The challenge lies in isolating them correctly.

CUE and Retroactive Benefits

CUE is not a substitute for a timely appeal. It is a remedy of last resort when other options are no longer available.

In many cases, a Veteran may have stronger options through:

• Supplemental Claims
• Higher-Level Review
• Board Appeals

Filing a CUE claim when another avenue is available can be strategically unsound. Determining the correct pathway requires careful analysis of the claim’s procedural posture.

The Importance of the Record at the Time

CUE claims are decided based solely on the record and law as they existed at the time of the challenged decision. New evidence cannot be introduced.

This makes document reconstruction critical. Every relevant service record, medical report, and regulatory provision must be identified as it existed at that moment.



This constraint is what makes CUE claims difficult and what makes them powerful when done correctly.

How We Evaluate and Litigate CUE Claims

We do not file CUE claims lightly. Many decisions that feel wrong do not meet the legal standard. Our process is deliberately conservative.

Our approach includes:

• Detailed review of the original decision and contemporaneous record
• Identification of applicable statutes and regulations in effect at the time
• Analysis of whether the error was outcome-determinative
• Narrow, precise framing of the alleged error
• Strategic assessment of risk versus reward

If a case does not meet the standard, we say so. If it does, we pursue it with discipline.

Veteran-Led Perspective on CUE

CUE claims often arise from decisions made decades ago, when records were paper, regulations were different, and Veterans were less informed about their rights.

Many Veterans live for years with decisions that never made sense but were never challenged because the system seemed closed. CUE exists to correct the rare cases where finality should never have attached.

As Veteran attorneys, we approach these cases with respect for both the law and the time that has passed. The goal is correction, not relitigation.

Take the Next Step

If you believe a final VA decision contains an undebatable legal error that changed the outcome, a CUE claim may be appropriate.

These cases require careful evaluation before action is taken.

Request a Free Case Review

We will review the decision, assess whether the legal standard can be met, and explain your options clearly.