100% Free Consultation

100% Free Consultation

Clear and Unmistakable Error & VA Disability Claims

 

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.

Facebook
Twitter
LinkedIn

Recent Posts

Reno – 5 Dead Including Patient on a Medical Flight

Stagecoach, Nevada – Tragically, five lives were lost on Friday night after the medical transport...

Wynn Las Vegas Sued in Wrongful Death of Lawyer

The family of a renowned Florida attorney, who succumbed to an unfortunate cardiac arrest while...

How To Tell When You Might Need A New Personal Injury Lawyer

As a personal injury victim, it is important to have a lawyer who can help...

Round and Round – Traffic Circles in Las Vegas

Some call them traffic circles, others call them roundabouts but one thing is for sure...

The Most Likely Ways to Get Injured in Las Vegas

Las Vegas – is a fast, exciting, and well downright dangerous place to be. We’re...

We're available

Get a Free Consultation

Pay Nothing, Unless We Win