Clear and Unmistakable Error (CUE) — Reopening a Final Decision

A Clear and Unmistakable Error (CUE) is a specific, narrow way to challenge a VA decision that is otherwise final — even one from decades ago. Under 38 CFR § 3.105(a), if a past decision contained an undebatable error that would have changed the outcome, the VA must revise it.

What makes an error a "CUE"

This is a high bar. A CUE is not "I disagree" or "they should have weighed the evidence differently." It must be:

• •An error of fact or law that is undebatable — reasonable people could not disagree it was wrong.
• •An error that, if corrected, would have manifestly changed the outcome.
• •Based on the record and law as they existed at the time of the original decision.

Examples that can rise to CUE

• •The VA overlooked evidence that was clearly in the file at the time.
• •The VA misapplied a regulation that plainly governed the claim.
• •A clear mathematical or rating-schedule mistake.

Why CUE is powerful

Two things make CUE worth checking on an old decision:

1. 1.No deadline. You can file a CUE motion at any time — there's no one-year window.
2. 2.It goes back to the original date. If granted, the corrected decision takes effect as of the original decision — which can mean years of retroactive back pay.

What CUE is not

CUE can't be used to re-argue how the evidence was weighed, or to introduce new evidence (that's a Supplemental Claim). It's strictly for undebatable errors on the original record.