Federal Circuit Issues New Decision on Veteran’s CUE Claim

A new decision out of the Federal Circuit reversed a decision from the lower court that had dismissed a veteran’s CUE claim.  The decision is Larson v. Shinseki, No. 2013-7060, and it was decided on March 10, 2014.

Larson v. Shinseki

In the grand scheme of things, the Federal Circuit’s decision is not ground-shaking.  It simply reestablishes that a veteran who wants to challenge a previous Board decision as containing CUE must bring all of these CUE arguments at the same time, but a veteran who wants to challenge a previous RO decision as containing CUE can bring his arguments in a piecemeal fashion.

If you’re having trouble understanding what that all means, you’re not alone.  Oftentimes our office receives inquiries about filing CUE claims.  These claims are almost always highly complex.  The benefit is that CUE claims often open the door to a large retroactive payout.

What Does “CUE” Mean?

CUE means “clear and unmistakable error.”  It refers to a veteran’s attempt to attack a final VA decision (either a Board decision or a regional office decision).  Generally, a veteran is not permitted to attack a final VA decision, but if he can prove that the decision contains CUE, he is entitled to back benefits to the date he originally filed his claim.  So if a veteran filed a claim for PTSD in 1970, and a 1971 regional office decision denied the claim, the veteran could win back benefits to 1970 (the date of the original claim) if he can prove the 1971 regional office decision contained CUE.  That would be over 40 years of back benefits!

Truthfully, correctly identifying CUE in an old decision requires a high level of legal acumen.  In many cases, it requires knowing what the law was many, many years ago.  CUE is relatively rare but veterans should be aware that there is a valid avenue for attacking final VA decisions.

Did Your Decision from the VA Include CUE?

If you suspect your decision from the VA was based on clear and unmistakable error, I encourage you to consult with a lawyer who is experienced in veterans’ disability claims. Proving CUE can be difficult, and can hinge on a careful analysis of previous law. We welcome you to contact us for a free case evaluation.

What is Pancreatitis?

Pancreatitis and VA Disability What is Pancreatitis? Pancreatitis is inflammation in the pancreas....

More Articles

Permanent and Total VA Disability Ratings for PTSD

What is Post Traumatic Stress Disorder (PTSD)? Post-traumatic stress disorder (PTSD) is a mental health condition that develops in some people who have experienced a shocking, scary, or dangerous event. Symptoms of PTSD usually begin within three months of the...

Depression And Your VA Claim

Depression can negatively affect every aspect of your life: how you feel, think, sleep, function, and interact with others. According to the National Alliance on Mental Health Issues, about 14% of veterans suffer from depression. Depression is one of the most common...

Four Tips On How To Get The Highest PTSD Rating

If you have been fortunate enough to have been granted service connection for PTSD, then you have probably been given a disappointingly low rating.  This is a very common situation so you are not alone. The VA regularly underrates PTSD claims.  In the...

Recent Appeals Decision Helps Veterans Prove In-Service Personal Assault

A recent decision from the Court of Appeals for Veterans Claims may make it easier for veterans claiming disability due to PTSD to prove in-service personal assault. There are special rules in place where in-service assault is involved. The VA knows it can be hard for...

FREE CASE EVALUATION 

  • Hidden
  • Hidden
  • Hidden
  • This field is for validation purposes and should be left unchanged.

More Great Reads

How to Qualify for Disability Benefits for Surgery

VA Disability Ratings for Surgery How to Qualify for Disability Benefits for Surgery Veterans may be able to get disability benefits if they have had surgery or received treatment at a VA hospital, approved hospital, or outpatient center for a disability related to...

Protecting Your Benefits – Avoid Being Scammed!

Have you had a suspicious call from a person or organization stating they were with or a representative of the Department of Veterans (VA) and offering a large payout for a small fee? If so, you could be getting scammed. Click here to read an article from the VA that...

Federal Circuit Issues New Decision on Veteran’s CUE Claim
Federal Circuit Issues New Decision on Veteran’s CUE Claim

Take our quiz to find out your money type

Stay in the know

Buy The Book

Join the thousands of women who have transformed their lives

Follow Us

Join the community of really smart women like yourself

Join Our Newsletter

Get the latest tips and tricks to own your future!

More Great Reads

How to Qualify for Disability Benefits for Surgery

VA Disability Ratings for Surgery How to Qualify for Disability Benefits for Surgery Veterans may be able to get disability benefits if they have had surgery or received treatment at a VA hospital, approved hospital, or outpatient center for a disability related to...

Protecting Your Benefits – Avoid Being Scammed!

Have you had a suspicious call from a person or organization stating they were with or a representative of the Department of Veterans (VA) and offering a large payout for a small fee? If so, you could be getting scammed. Click here to read an article from the VA that...