According to a story released by CBS/AP, the Veterans Affairs claims office
in Oakland, CA has lost
more than 14,000 claims, potentially opening the VA to thousands of Clear and Unmistakable Error
Clear and unmistakable error appeals are generally rare cases, where a
claimant is denied in the claims process for reasons that were completely
beyond their control. In these types of situations, the outcome would
completely change based on the failure of the VA.
Clear and Unmistakable Error claims occur when:
- The correct facts were not before the adjudicator or the statutory or regulatory
provisions in existence at the time were incorrectly applied
- The error is not up for debate
- The error must make a difference in the outcome
These three reasons clearly open the VA up to CUE claims and benefit any
veteran who was wrongfully denied a disability rating or increased disability
rating. One of the major advantages to a CUE case is that there are no
limits on the amount of retroactive benefit a veteran can receive in compensation.
If you or someone you love have evidence that you were denied a
veterans disability claim due to an error in the claims handling process,
call Shook & Stone today. Our VA attorneys are prepared to fight for the benefits you deserve.