FORM 4597-2025

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A duty to assist error can result in important evidence being overlooked or ignored, leading to a denial of your benefits. It is important to recognize this error and take action to overcome it in order to receive the benefits you deserve.
Defining Clear and Unmistakable Error Some potential examples of a clear and unmistakable error include: Reducing your disability rating without regard to a specific law or regulation. A decision awarding benefits based on a single injury when you suffered multiple injuries as the result of the same incident.
This applies when the VAs decision is legally flawed on its face or contradicts established laws or regulations. The VA aims to respond to CUE claims within 125 days (4-5 months). However, the actual timeframe can vary depending on the complexity of the error and the workload at the regional office.
Keep in mind that while identifying an error can sound concerning, its an error made by the VA, not the veteran, so having the VA identify and fix their mistake is typically a positive development.
If we find an error during a Higher-Level Review, well close the review and open a new claim to gather the missing evidence. Well also send you a letter to tell you the steps well take to fix the error. Then well help you get the missing evidence, and decide your case based on this new evidence.
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