Rating Decision & CUE Audit Tool

Determine if a past VA rating decision contains a Clear and Unmistakable Error (CUE) under 38 CFR § 3.105(a).

Decision Baseline

Decision Date

Condition Name

Error Category

Decision was within the last year

I have NEW evidence that wasn't in the record

Recommended Pathway: CUE MOTION 3 105

The error described appears to be a misapplication of statutory rules based on the record as it existed at the time of the decision, making it a viable CUE motion.

Draft CUE Motion Brief

MEMORANDUM IN SUPPORT OF MOTION FOR REVISION BASED ON CLEAR AND UNMISTAKABLE ERROR (CUE)

Under 38 CFR § 3.105(a), I am formally requesting a revision of the rating decision dated  regarding my claim for . 

The adjudicator failed to apply the correct statutory framework to the facts that were in the record at the time. Specifically, an error occurred in the category of: OTHER_STATUTORY_VIOLATION. 

Had the law been properly applied to the evidence of record, the outcome would have been manifestly different. No new evidence is required to prove this error.