vetassist

They are correct above. If your evidence submitted in 2002 to get you an increase, was NOT available when they made their earlier decision there is a good chance that they would not give you an earlier effective date nor a CUE. A clear and unmistakeable error is only appropriate when evidence was already in the C-file prior to the better decision but not used by the VA to make their decision. A simplified example would be: A vet files a claim for anxiety. Submits a statement from his mother in support of the disability as well as evidence from his private medical provider. He receive his decision denying his claim. In the "evidence used" section of the rating decision doesn't list the private medical records. In the "reasons and bases" the VA lists that the denial is due to lack of a diagnosis, but that diagnosis was in the private medical records that are not referred to. The CUE in this case would be to bring to their attention the private medical records which allow them to find in the veteran's favor. If this still doesn't make sense, please let me know.