Question:
What is a clear and unmistakable error?
Answer:
A clear and unmistakable error (CUE) is an error that is debatable in that a reasonable mind can only conclude that the original decision was fatally flawed at the time it was made. If a CUE is established in a previous rating determination, then the prior decision is reversed or amended, and the effect is the same as if the corrected decision had been made on the date of the reversed decision.
A CUE determination must be based on the record and the law that existed at the time of the prior decision. In a valid claim of CUE, the claimant must assert more than a disagreement as to how the facts were weighed or evaluated. There must have been an error in prior adjudication of the claim.
For example if you submit a new medical diagnosis that corrects an earlier diagnosis ruled in a previous rating it would not be considered an error in the previous adjudication of the claim. A CUE exists if there is an error that is unbeatable so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made. Or the VA failed to follow a procedural directive that involved a substantive rule. Or VA overlooked material facts of record. Or VA failed to apply or incorrectly applied the appropriate laws or regulations.
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