Clear and Unmistakable Error (CUE)

Key concept. Clear and Unmistakable Error (CUE) is the nuclear option: a request to revise a final VA decision because of an undebatable error of law or fact that, had it not been made, would have manifestly changed the outcome. CUE has no time limit. If granted, the effective date goes back to the original decision.

What qualifies as CUE

• Wrong law applied (e.g., the rater used a diagnostic code that didn’t exist at the time of the decision)
• Wrong facts used (e.g., the rater stated you served in the Navy when you served in the Army)
• Failure to apply a presumption or doctrine that clearly applied (e.g., didn’t apply benefit of the doubt in a balanced case)
• Mathematical error in combined rating calculation

What does NOT qualify as CUE

• Disagreement with how the rater weighed evidence (must be undebatable error, not arguable weighing)
• New evidence that wasn’t available at the time of the original decision (this is a Supplemental Claim)
• Changes in the law since the decision (use a Supplemental Claim under liberalizing law)

Pro tip

CUE is hard to win. Most veterans attempting CUE pro se lose. If you believe you have a CUE — especially in an old decision with significant retroactive back pay potential — consult an accredited attorney. The stakes are high enough to justify it.

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