What CUE Is
A Clear and Unmistakable Error motion under 38 CFR § 3.105(a) asks VA to revise a prior final decision because the decision contained an undebatable error that manifestly changed the outcome.
CUE is different from an appeal. It is a collateral attack on a decision that has already become final — including a reduction that has already taken effect, an effective date that was set too late, or a rating percentage that ignored the schedule.
Why CUE Matters
- No time limit. You can file a CUE motion at any time — even decades after the original decision.
- Goes back to the original effective date. A successful CUE means VA pays the corrected amount from the date the error was made. Back pay can be substantial.
- Survives finality. A CUE motion can reach decisions that are otherwise unappealable because the appeal window closed years ago.
The Three-Prong Standard
The Court of Appeals for Veterans Claims has held CUE requires all three:
- Either the correct facts as they were known at the time were not before the adjudicator, OR the statutory or regulatory provisions in effect at the time were incorrectly applied
- The alleged error must be undebatable — not merely a disagreement about how evidence was weighed
- The error must have manifestly changed the outcome — had the error not been made, the result would have been different
This is a high bar. CUE is for clear, on-the-record mistakes — not judgment calls.
What CUE Is NOT
- Not a vehicle for new evidence — that is a Supplemental Claim (§ 3.2501)
- Not a re-weighing of the same evidence — the prior adjudicator's reasonable judgment is final
- Not a basis to argue VA failed its duty to assist — that is not CUE per Cook v. Principi
- Not retroactive application of a later change in law
Common Grounds That Do Qualify
- VA used the wrong diagnostic code or wrong rating criteria
- VA failed to apply a presumption that clearly attached on the facts (Agent Orange, PACT Act presumptives in effect at the time, etc.)
- Math error in the combined rating table (§ 4.25)
- An effective date set after the date entitlement clearly arose
- VA ignored evidence that was unambiguously in the file at the time of decision
- Misapplication of bilateral factor (§ 4.26), special monthly compensation, or hospital/convalescent ratings
- Severance of service connection in violation of § 3.957 (10-year rule)
- Reduction below a 20-year protected level in violation of § 3.951(b) without a fraud finding
How To File
VA does not require a specific form for a CUE motion. A written motion is sufficient and must clearly:
- Identify the prior decision by date and issue
- State the specific error alleged
- Explain why the error is undebatable on the record that existed at the time
- Explain how the outcome would have been different
Each alleged error must be raised with specificity. A general claim that "the decision was wrong" will be dismissed without prejudice.
RO Decisions vs Board Decisions
- RO (regional office) decisions — file the CUE motion under 38 CFR § 3.105(a) with the RO that issued the decision
- Board of Veterans' Appeals decisions — file a Motion for Revision under 38 USC § 7111 directly with the Board. This is a different process with the same standard.
You only get one CUE attempt on a given issue. If denied, you cannot re-file the same allegation — but you can file CUE on a different alleged error in the same decision.
When CUE Beats a Supplemental Claim
Use CUE instead of (or in addition to) a Supplemental Claim when:
- You want back pay all the way to the original effective date — Supplemental Claims preserve effective dates only in some scenarios
- The error is on the record and undebatable — no new evidence is needed
- The decision is so old that no other appeal route remains open
If you need to add new evidence, file a Supplemental Claim. If the existing record clearly shows VA blew it, file CUE.
Get Free Expert Help
CUE motions are technical. The legal standard is strict, and a poorly drafted motion gets dismissed on procedural grounds. A VA-accredited VSO will draft and file a CUE motion with you for free — find one in the Find Help tab.
If you hire a paid agent or attorney, verify VA accreditation at va.gov/ogc/apps/accreditation. Anyone charging you for VA claim work without that accreditation is committing a federal offense.