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Clear and Unmistakable Error & VA Disability Claims

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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 (CUE) appeals.

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:

  1. The correct facts were not before the adjudicator or the statutory or regulatory provisions in existence at the time were incorrectly applied
  2. The error is not up for debate
  3. 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.

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