🎖️ VALOR

Curious about the top VA claims veteran filed for this year—and why they matter?

In this video, our attorneys discuss common conditions like tinnitus, hearing loss, joint issues, mental health conditions, and more, along with how secondary conditions like migraines or sciatica could also be part of your claim. If you're navigating VA claims or considering secondary conditions, don’t miss these insights to help strengthen your case.

Attention: Were You or a Loved One Impacted by Depo-Provera?

If you or a loved one used Depo-Provera or Depo-SubQ Provera and were diagnosed with a meningioma or benign brain tumor, you may be entitled to compensation. This hormonal contraceptive has been linked to serious health risks, and countless patients are seeking justice against the pharmaceutical company.

Don’t wait—your health and rights matter. Contact our legal team to learn more about your options for compensation and get the help you deserve.

Call us at (855) 494-1298 to learn more.

⚖️ EXPERTS

Understanding Clear and Unmistakable Error (CUE) in VA Claims 

Clear and Unmistakable Error (CUE) is a legal term with significant implications for veterans seeking to correct errors in VA decisions. When a veteran believes that the Department of Veterans Affairs (VA) made a mistake in deciding their claim, a CUE motion may be the path to rectifying that error.  

However, CUE claims are complex, and understanding their nuances is crucial for any veteran considering this option. 

What is CUE? 

A Clear and Unmistakable Error is a very specific type of error that must meet strict criteria to be successfully claimed. CUE occurs when the VA makes a decision that is not only incorrect but is also the result of a significant and obvious mistake, where reasonable minds could not differ, and the outcome would have been different if the error had not been made. 

Criteria for a CUE Claim 

For a CUE claim to be successful, it must meet the following criteria: 

• Error of Fact or Law: The error must be based on either a factual mistake (e.g., overlooking crucial evidence that was in the file at the time of the decision) or a legal mistake (e.g., misapplying a regulation or statute). 

• Undebatable Error: The error must be undebatable, meaning that it is so clear that there can be no disagreement that the decision was wrong based on the evidence and law at the time. 

• Impact on the Outcome: The error must have manifestly changed the outcome of the decision. In other words, had the error not been made, the decision would have been different. 

• No New Evidence: A CUE claim cannot rely on new evidence that was not part of the original record. The error must be based on the record as it existed at the time of the original decision. 

How to File a CUE Claim 

Filing a CUE claim involves several steps, and veterans must approach this process with care: 

• Identify the Error: The veteran or their representative must clearly identify the specific error in the VA’s decision. Vague allegations or general dissatisfaction with the decision will not suffice. 

• Submit the CUE Motion: The motion must be submitted in writing and should clearly explain the error and why it meets the criteria for CUE. It should reference the specific decision and include details about the laws or facts that were incorrectly applied. 

• No Time Limit: Unlike other types of claims, there is no time limit for filing a CUE claim. A CUE claim can be filed at any time after the decision was made. 

Common Misconceptions About CUE 

• Not a Second Chance: CUE is not a way to reargue a case or submit new evidence. It is about correcting a significant error made at the time of the original decision. 

• High Standard of Proof: The burden of proof in a CUE claim is very high. The veteran must demonstrate that the error was so obvious that it could not have been overlooked and that it directly impacted the outcome. 

• No Appeal Required: A CUE claim is not an appeal. It is a separate legal claim that asserts a clear and unmistakable error in the original decision. 

Examples of CUE 

• Misapplication of Law: A veteran was denied benefits because the VA misinterpreted the law regarding service connection. For example, if a veteran’s condition was denied service connection due to a misapplied regulation that was favorable to them, this could be grounds for CUE. 

• Omission of Evidence: If the VA overlooked critical medical evidence that was in the file at the time of the original decision, this could also constitute CUE, provided it clearly changed the outcome. 

Challenges in Proving CUE 

Proving CUE is notoriously difficult due to the stringent requirements and the need for the error to be “undebatable.” Many CUE claims are denied because they do not meet the high standard of proof required. As such, veterans considering a CUE claim are often advised to seek legal assistance to ensure their motion is properly prepared and argued. 

The Impact of a Successful CUE Claim 

If a CUE claim is successful, the VA will correct the original decision as if the error had never occurred. This can lead to a retroactive adjustment of benefits, potentially resulting in a significant award of back pay. However, due to the difficulty in proving CUE, such outcomes are rare and typically involve clear and egregious errors. 

Clear and Unmistakable Error claims represent a powerful tool for veterans to correct significant mistakes in VA decisions, but they come with a high bar for success. Understanding the stringent criteria and potential pitfalls of CUE claims is essential for any veteran considering this option. Given the complexity, veterans are encouraged to consult with experienced legal representatives to navigate the intricacies of filing a CUE claim. 

Frustrated with VA claim errors? Attorney Matthew Hill explains how to tackle clear and unmistakable error (CUE) claims and navigate the Catch-22 that can keep your rightful benefits in limbo—click to find out how to push past the VA's hurdles.

🦅SUPPORT

Attention: Join us today at 1400 hours EST for a new livestream with our legal team!

Join us to get your questions about VA disability law and the claims process answered by our legal team. Comments open 30 minutes prior to the Livestream starting, so get there early to get your question in. We try to answer as many as we can!

🗺️ TACTICS

Veterans’ Success in Obtaining Higher Rating for Migraine Headaches

Note: All identifying info has been changed to protect the identity of the client.

Summary of Claim

A veteran who served on active duty from January 1979 to July 2001 faced significant challenges while seeking an increased disability rating for his service-connected migraine headaches. This case highlights the complexities of the VA disability rating system and the rigorous process veterans must navigate to secure appropriate compensation for their service-connected disabilities. 

The Outcome

In this case, the Board of Veterans' Appeals (BVA) granted the veteran a 50% disability rating for his migraine headaches, recognizing the severe impact these headaches had on his daily life. The BVA decision was based on the veteran’s detailed medical history, ongoing treatment struggles, and the debilitating nature of his condition. 

Granted: A 50% disability rating for migraine headaches, acknowledging the veteran’s frequent and completely prostrating attacks that significantly limited his ability to function. 

Why Was This Decision Made?

The decision in this case was influenced by several key factors: 

• Severity and Frequency of Headaches: The veteran’s migraine headaches were documented as being completely prostrating, occurring approximately three times per week, and lasting for most of the day. These headaches were characterized by intense symptoms such as sensitivity to light and sound, nausea, and stabbing pain in the eye and neck. The veteran’s condition met the criteria for a 50% disability rating under the VA’s schedule for rating disabilities, as his headaches were frequent, prolonged, and caused severe economic inadaptability. 

• Impact on Daily Life: The evidence showed that the veteran’s headaches severely limited his ability to work and concentrate. Despite various treatments and medications, including Imitrex and Axert, the veteran continued to experience debilitating headaches. The BVA recognized that the veteran’s condition left him bedridden several times a week and unable to function effectively on other days. 

• Ineffectiveness of Medication: The veteran’s ongoing battle with finding effective medication played a crucial role in the BVA’s decision. Although the veteran initially found some relief with Imitrex, over time, the medication became less effective. The veteran’s treatment history indicated that other medications either did not work or caused significant side effects, leaving him with few options for managing his condition. 

Tips from the Legal Team

For veterans pursuing higher disability ratings, this case provides valuable lessons: 

• Document Symptoms and Impact: Ensure that all symptoms, their frequency, and their impact on daily life are thoroughly documented in medical records. 

• Persistence in Treatment: Continue to seek medical treatment and report any changes or worsening of symptoms to your healthcare provider. 

• Challenge Inadequate Ratings: If you believe your current rating does not accurately reflect the severity of your condition, consider appealing the decision and providing additional evidence. 

If you're facing challenges in securing the VA benefits you deserve, or if you believe your current disability rating does not accurately reflect your condition, we're here to help. Call us at (855) 494-1298.