February 26, 2025, 2:00-3:30 PM ET: Revisions of VA Decisions Based on Clear and Unmistakable Error (VSO)

Presenters: Emily Woodward Deutsch

Date: Wednesday, February 26th, 2025

Time: 2:00pm – 3:30pm ET

$57.00

Webinar Description:

When reviewing a veteran’s VA claims file, many VSOs have discovered a regional office or Board of Veterans’ Appeals decision that wrongly denied benefits, only to realize that the deadline for appealing the decision has expired. With a savvy VSO, however, the veteran might not be out of luck. If the VSO can show that the decision was the product of clear and unmistakable error (CUE), the veteran could receive several years, or even decades, of retroactive benefits.

Unfortunately, establishing that a final VA decision contained CUE is very difficult. Simply because the VA granted a later claim for the same benefit doesn’t mean that the VA’s prior decision was clearly and unmistakably erroneous. All VSOs should know how to evaluate the likelihood that a final VA decision would be revised under the high CUE standard. In this webinar, you will learn the ins and outs of the law related to CUE and effective advocacy techniques for CUE claims.

This webinar will cover the following and more:

  • How to seek revision of a VA decision based on CUE
  • The three criteria that must be satisfied to establish CUE
  • Types of VA errors that can and cannot support a CUE claim
  • Whether a change in the interpretation of a statute or regulation can establish CUE
  • What evidence can be considered by the VA when deciding a CUE claim
  • Common errors VA makes when dismissing or denying CUE claims
  • A review of real cases illustrating successful and unsuccessful CUE claims
  • Avenues other than CUE that may be available to attack a final VA decision