38 USC 5109A CUE

[Berta]

This regulation was presently incorrectly here some time ago.

It clearly reflects the change to M21-1MR and if any agent or vet rep ,lawyer, VSO says you cannot file CUE on a recent decision- whether award or denial, whip this out and show it to them:

https://www.law.cornell.edu/uscode/text/38/5109A

38 U.S. Code § 5109A.Revision of decisions on grounds of clear and unmistakable error

• U.S. Code
• Notes

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"(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.

(Added Pub. L. 105–111, § 1(a)(1), Nov. 21, 1997, 111 Stat. 2271.)"

 

The M21-1MR change is available here under a search and you can whip a copy of that out as well.

 

I bet only a small % of vet reps, agents, etc even now about this change.

The key addition is:

:(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."

 

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[kanewnut]

I did a search for "m21-1 cue". The very first item found is -

M21-1, Part III, Subpart iv, Chapter 2, Section B - Revision of Decisions 

It discusses finally adjudicated and binding decisions. It plainly states binding decisions can have CUE's. You do not have to wait. Happy reading.