4 edition of Revision of veterans benefits decisions based on clear and unmistakable error found in the catalog.
Revision of veterans benefits decisions based on clear and unmistakable error
United States. Congress. House. Committee on Veterans" Affairs
Published
1996
by U.S. G.P.O. in [Washington, D.C.?
.
Written in
Edition Notes
| Series | Report / 104th Congress, 2d session, House of Representatives -- 104-571. |
| The Physical Object | |
|---|---|
| Pagination | 8 p. ; |
| ID Numbers | |
| Open Library | OL17685077M |
How do I file a motion to revise the Board's decision on the basis of clear and unmistakable error? You can file a motion asking that the Board revise this decision if you believe that the decision is based on "clear and unmistakable error" (CUE). Send this motion to the address above for the Director, Management and Administration, at the Board. The veteran must prove that because of this error, it cost him/her their benefits; Once you compose the revision, clearly state: the error, facts that apply to the case, and explain how the decision has affected you and the outcome of your benefits. This process is dependent on you providing the facts and evidence needed for the case.
Rather, CUE is used as shorthand for “a request for revision based on clear and unmistakable error.” Essentially, CUEs are a way for a veteran to attack a final decision from the VA. In order to do this, the veteran must show that the decision in question contained a clear and unmistakable error in fact or error in law. Second, a claimant may seek revision of a final RO decision on the basis that it is the product of CUE The most significant aspect of a CUE claim is that, if such a claim is granted, the prior final decision is reversed or amended and this action “has the same effect as if the decision had been made on the date of the prior decision.”22File Size: KB.
38 U.S.C. § A: Veterans’ Benefits — Claims, Effective Dates, And Payments — Claims — General Administrative Provisions — Revision Of Decisions On Grounds Of Clear And Unmistakable Error. U.S. Title Veterans' Benefits 38 USCA Section Read the code on FindLaw.
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38 USC Revision of decisions on grounds of clear and unmistakable error Text contains those laws in effect on From Title VETERANS' BENEFITS PART V-BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER BOARD OF VETERANS' APPEALS. from title veterans' benefits part iv-general administrative provisions chapter claims, effective dates, and payments subchapter i-claims.
Provisions of 38 CFR (a)38 CFR (a) provides that if clear and unmistakable error is established in a previous rating determination, then the. prior decision is reversed or amended, and. effect is the same as if the corrected decision had been made on the date of the reversed decision.
Clear and unmistakable error is a very specific and rare kind of error. It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error.
Terms Used In 38 USC Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Revision of Decisions (U.S. Department of Veterans Affairs) Information on revising prior determinations through new and material evidence or clear and unmistakable error and jurisdiction for Board of Veterans Appeals Jurisdiction Section B.
Revision of Decisions. Finality and Revision of Decisions Where a claimant does not file a Notice of Disagreement, the benefit decision becomes final. 38 U.S.C. § (c). When a prior adjudication is final, a claimant may only seek a revision of that decision on the basis of clear and unmistakable error.
In such instances, veterans must file a Motion for Revision on the Grounds of Clear and Unmistakable Error directly with the Board of Veterans’ Appeals. The Court of Appeals for Veterans Claims. The attached decision by the Board of Veterans' Appeals (Board) is the final decision on your motion for the Board to review one or more of its final decisions for clear and unmistakable error (CUE).
If you are satisfied with the outcome of this decision, you do not need to do anything. Whenever an adjudicative agency is of the opinion that a revision or an amendment of a previous decision is warranted on the basis of the evidentiary record and law that existed at the time of the decision, a difference of opinion being involved rather than a clear and unmistakable error, the proposed revision will be recommended to Central Office.
Claims for Revision of a Previous Final RO Decision Based upon Clear and Unmistakable Error (CUE) Claims based upon CUE in a previous final RO decision are treated as original claims rather than as reopened claims.
This gives successful claimants the advantage of receiving benefits based upon the earlier filing date of the original claim. Revision of decisions on grounds of clear and unmistakable error (a) A decision by the Board is subject to revision on the grounds of clear and unmistakable error.
If evidence establishes the error, the prior decision shall be reversed or revised. Inthe Veterans’ Administration (VA) amended 38 C.F.R. (b) to extend the heightened “clear and unmistakable evidence” rebuttal standard to veterans with peacetime service after Decem 57 Fed.
Reg. 59, (). A final decision by the Secretary denying a claim for benefits may be appealed to the Board of Veterans’. Note: Citations are based on reference standards. However, formatting rules can vary widely between applications and fields of interest or study.
The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. File with the Board a motion for revision of this decision based on clear and unmistakable error.
Although it would not affect this Board decision, you may choose to also: Reopen your claim at the local VA office by submitting new and material evidence.
To warrant revision of a Board decision on the grounds of clear and unmistakable error, there must have been an error in the Board's adjudication of the appeal which, had it not been made, would have manifestly changed the outcome when it was made.
To allow revision of veterans benefits decisions based on clear and unmistakable error: report (to accompany H.R. ) (including cost estimate of the Congressional Budget Office). Find a copy online Links to this item Add library to Favorites.
The Ultimate Guide to Veterans Disability Claims. Practical & Powerful Tips to Get The VA Compensation Benefits You Deserve.
Maybe its just me being negative again, but the claim process is supposed to be non-adverserial and veterans should able to trust the VA to do the right thing and decide the case in a manner to help the veteran. Especially when it is clear that the veteran is entitled to a benefit and there is no apparent attempt by the veteran to cheat the system.
Title VETERANS' BENEFITS; Part V. Boards, Administrations, and Services; Chapter Board of Veterans' Appeals; 38 U.S.C.
§ - Revision of decisions on grounds of clear and unmistakable error. The information you obtain on this website is not, nor is it intended to be, legal advice.
You should consult an attorney for advice regarding your individual situation. In reality, there is no such thing as a “CUE claim.” This type of request is properly entitled a “motion for revision based on clear and unmistakable error.” A motion for revision of an earlier decision is rarely granted but can be a useful tool for getting an earlier effective date in the right case.A clear and unmistakable error "CUE" claim is one of the most powerful tools a veteran has to correct errors made by the VA in rating decisions.
CUE claims are tough.
