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What is an example of a clear and unmistakable error?

Examples of Clear and Unmistakable Error (CUE): Failing to properly apply applicable law or regulations, including if the VA failed to give a sympathetic reading to a veterans filings by determining all potential claims raised by the evidence and applying all relevant law and regulations.

How long does VA take to correct an error?

How long does it take VA to make a decision? Our goal for completing Higher-Level Reviews is 125 days. A review may take longer if we need to get records or schedule a new exam to correct an error.

What is clear and unmistakable error?

Clear and unmistakable error is a very specific and rare kind of error. It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error.

What is clear and unmistakable evidence?

Definition: Undebatable information that the condition existed before military service and was not aggravated by military service (i.e., evidence that cannot be misinterpreted and misunderstood).

How do I file a clear and unmistakable error in VA?

No specific form exists to file for a motion for revision of a decision based on a clear and unmistakable error, also known as a CUE claim. Veterans can write and sign such a request for revision or have their VA-accredited disability lawyer submit the request on their behalf.

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