Claim Raven explanation
What this means
This statute permits revision of a VA decision based on clear and unmistakable error, often called CUE. A qualifying revision can have the effect of correcting the original decision as of its original date.
CUE is a narrow standard, not another name for disagreeing with how evidence was weighed. The applicable regulations explain what kinds of error qualify. Board decisions use a separate statutory and procedural framework.
How this helps your claim
Identify the specific final decision, the law and record at that time, and the alleged error that would have changed the outcome. A focused theory is essential before using this route.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Obtain the exact decision and evidence that were before VA at the time.
- Identify the law then in effect and the specific alleged error.
- Distinguish an agency decision from a Board decision and use the corresponding procedure.
Identify the decision and the narrow error standard
Revision for CUE is different from ordinary review of an unfavorable decision. The alleged error must meet the applicable demanding requirements. Start with the exact decision and issue, then identify what was wrong under the governing facts and law.
The effect of a qualifying revision can reach back to the original decision, which makes the outcome requirement important. That potential effect is not a promise of retroactive benefits merely because an error is alleged. Board decisions have a separate statutory process that should not be substituted for this one.
Does a later favorable opinion prove the original decision was CUE?
Not by itself. CUE is not established simply because new evidence later supports a different result or someone disagrees with earlier weighing. The applicable regulations define the narrow standard. Keep a new-evidence review question separate from an alleged qualifying error in the original decision.
Official statutory text
38 USC § 5109A
OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 5109A. Revision of decisions on grounds of clear and unmistakable error
(a) A decision by the Secretary under this chapter 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.
(b) For the purposes of authorizing benefits, a rating or other adjudicative decision that constitutes a reversal or revision of a prior decision on the grounds of clear and unmistakable error has the same effect as if the decision had been made on the date of the prior decision.
(c) Review to determine whether clear and unmistakable error exists in a case may be instituted by the Secretary on the Secretary’s own motion or upon request of the claimant.
(d) A request for revision of a decision of the Secretary based on clear and unmistakable error may be made at any time after that decision is made.
(e) Such a request shall be submitted to the Secretary and shall be decided in the same manner as any other claim.
Related references
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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