What is a Clear and Unmistakable Error (CUE) claim?

Details

• The error must be based on the law and the record as they existed at the time of the original decision.
• A failure in the duty to assist is expressly NOT clear and unmistakable error. 38 CFR § 3.105(a).
• If CUE is granted, the corrected decision takes effect as if the original decision had been correct, which is why CUE is one of the few routes to a very early effective date.
• Each CUE motion must identify the specific decision, the specific error, and why the outcome would manifestly have differed.