What if my appeal deadline has passed, but I feel the VA made errors in my case?


Even if the appeal deadline has passed, your case may lend itself to a Motion for Revision based on a clear and unmistakable error (CUE) committed by the VA.  There is no time limit for filing a CUE claim. A CUE claim is rare, but powerful.  

Under 38 CFR 3.105(a) a clear and unmistakable error (CUE) exists if all three of the following requirements are met:

  • either the correct facts, as they were known at the time, were not before the adjudicator, (e.g., the adjudicator overlooked them) or the statutory or regulatory provisions extant at the time were incorrectly applied

  • the error must be the sort which, had it not been made, would have manifestly changed the outcome at the time it was made, and

  • the determination must be based on the record and the law that existed at the time of the prior adjudication in question.

Jessica Crum