When you file a disability claim with the VA for service-related injuries, you expect to get the compensation you deserve. After all, you served your country, and you’re entitled to the benefits the VA offers. However, not all claims are successful, even when they should be. The VA can make mistakes, and those mistakes can lead to claims denials. Filing an appeal under the clear and unmistakable error (CUE) process may be an option. Here’s what your Ohio veterans disability attorney wants you to understand about CUE rules and claims.
What Is a Clear and Unmistakable Error?
A clear and unmistakable error refers to mistakes made during the claims review process that are so egregious or serious that they changed the outcome of your claim once it was processed. For an appeal to qualify under CUE rules, the error should be so clear that any experienced and reasonable reviewer would’ve identified the error and made a different decision regarding your claim.
These errors can take several forms. But some of the more common mistakes include:
- Awarding benefits based on one injury even though others occurred during the same qualifying accident or event.
- Not considering all relevant and essential evidence in a claims review.
- Reducing a disability rating without a clear and legal reason
If your claim was impacted by any of these mistakes, you may be able to file an appeal.
How to File a Claim
Filing a CUE claim is similar to filing a standard appeal. However, there’s one exception: you can only file under CUE once. That’s why it’s important to file your claim correctly the first time. Here are a few steps you’ll need to take.
Speak With an Ohio Veterans Disability Attorney
Before you start compiling evidence, you’ll want to speak with an experienced veterans disability attorney who is familiar with CUE claims. They’ll be able to review your case and your initial claim denial to help you make sure that filing a CUE claim is the right decision. If it’s not, they can help you file a different appeal. And if it is, your attorney can help you with every step of your CUE claim, reducing the risk of the VA dismissing it.
Identify the Decision You Need to Challenge
Once you’ve met with your attorney, you’ll need to identify the exact decision that you want to challenge. This means reviewing your initial claim and the VA’s reasons for denial to identify the clear and unmistakable error made during the review. Don’t worry—you don’t have to do this alone. Your VA disability attorney will help you review your claim and identify what went wrong.
Draft Your Motion
You’ll need to draft a motion or a formal request for a review under CUE rules based on the clear and unmistakable error you identified with help from your attorney. This motion should explain why the decision was made in error, the exact error the VA made, and explain why any reasonable reviewer would make a different decision.
You should provide clear evidence showing why the error resulted in a different outcome. This may involve submitting additional medical records, working with an external medical care provider to get a second opinion, and other similar information. Your attorney will help you figure out what you need to include.
File Your Motion With the VA
Once you’ve created the motion, you can file with the VA. The VA will review your motion and perform their own investigation. This process can take over 100 days, even if you’ve submitted everything and provided clear and reasonable proof of the mistake. Work with your attorney to make sure you’re updated on any key findings during the process.
Think Your Claim Was Impacted By a CUE?
If you think your VA claim was denied because of a clear and unmistakable error, speak with an experienced Ohio veterans disability attorney at Veterans Law Attorneys. Contact us today to schedule a free consultation.
