Revisions of VA Decisions Based on Clear and Unmistakable Error (Attorney)
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Presenter: Ron Abrams
Length: 90 minutes
Recorded: June 2021
Approved for 1.5 CLE credits by the Virginia State Bar
Most veterans advocates, when working with a new client, have discovered a VA decision that wrongly denied the veteran benefits, only to realize that the deadline for appealing that decision has expired. With a savvy advocate, however, the veteran might not be out of luck. If the advocate 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. It is critical for advocates to know how to evaluate whether a VA decision that has become final has a chance of being 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:
• How to seek revision of a VA decision based on CUE
• What types of VA errors can and cannot support a CUE claim
• What constitutes a “change in the interpretation of a statute or regulation” that would not demonstrate CUE
• What evidence can be considered by the VA when deciding a CUE claim
• A review of several real cases illustrating successful and unsuccessful CUE claims
• Theories other than CUE that might establish an earlier effective date for VA benefits and be easier to prove than CUE
• And more!