Clear and Unmistakable Error (CUE) — Revising a Final VA Decision
Clear and unmistakable error, usually shortened to CUE, is the way to ask VA to revise a decision that is already final because of an error in it. VA accepts a final decision as correct "with respect to the evidentiary record and the law that existed at the time of the decision, in the absence of clear and unmistakable error" (38 CFR 3.105(a)(1)). A CUE request attacks the decision on that record and that law. It is not a way to add evidence or to argue the evidence again.
The rules below come from 38 CFR 3.105(a), which covers regional office decisions, and the Board of Veterans' Appeals rules at 38 CFR 20.1400 through 20.1411, as published on eCFR (current through October 26, 2026) and read on October 28, 2026.
What counts as clear and unmistakable error
Both 3.105(a)(1)(i) and Board Rule 1403 call CUE "a very specific and rare kind of error." It is an error of fact or of law that, when pointed out, "compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error." If it is not absolutely clear that a different result would have followed, the error cannot be CUE.
The regulations name the two usual forms: the correct facts, as they were known at the time, were not before the decision-maker, or the statutes and regulations in effect at the time were applied incorrectly.
| Question | What the regulations require |
|---|---|
| Was there an error? | The correct facts known at the time were not before the decision-maker, or the law then in effect was applied incorrectly |
| Is it beyond debate? | Reasonable minds could not differ that it was an error |
| Did it change the result? | The outcome would have been manifestly different without it. If that is not absolutely clear, it is not CUE |
What is not CUE
The regulations list what does not qualify (38 CFR 20.1403(d) and (e); 3.105(a)(1)(iv) and (vi)):
| Not CUE | Where the rule says so |
|---|---|
| A new medical diagnosis that "corrects" an earlier diagnosis | 20.1403(d)(1) |
| VA's failure to fulfill the duty to assist | 20.1403(d)(2), and 3.105(a)(1)(vi) points to that list |
| A disagreement as to how the facts were weighed or evaluated | 20.1403(d)(3) |
| The correct application of a rule that was later interpreted differently | 20.1403(e) and 3.105(a)(1)(iv) |
Review is confined to the record and the law as they stood. For regional office decisions, the duty to assist does not apply to CUE requests (3.105(a)(1)(iii)). At the Board, no new evidence is considered (20.1405(b)). There is one special rule for Board decisions on legacy appeals issued on or after July 21, 1992: the record includes relevant documents VA had no later than 90 days before the record went to the Board, if they could reasonably be expected to be part of it (20.1403(b)(2)).
Which decision, and where the request goes
A regional office decision is revised under 3.105(a). After a decision is final, you may request a CUE review at any time, and VA may start one on its own. But if the Board or a court has decided an issue on appeal, the regional office decision on that issue can no longer be revised under 3.105(a) (3.105(a)(1)(v)). If the Board decided the issue, the challenge then goes to the Board decision. An issue a court has decided is outside both routes (3.105(a)(1)(v); 20.1400(b)).
A Board decision is revised by a motion to the Board under Rules 1400 to 1411. Board decisions on issues that a court has decided are excluded (20.1400(b)). The motion may be filed at any time (20.1404(c)), and the rule gives the Board's mailing address as Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038.
What the request has to say
The filing rules for both routes are nearly identical (3.105(a)(1)(vii); 20.1404(a) and (b)). The request must be in writing and signed by you or your representative. It must give the claimant's name, the name of the person asking if that is someone else, the VA file number, and the date of the decision. If the decision covered more than one issue, it must name the issue or issues you are challenging.
It must also set out "clearly and specifically" the alleged error of fact or law, the legal or factual basis for it, and why the result would have been manifestly different without it. General claims that VA failed to follow regulations or denied due process are not enough. A Board motion that misses these requirements is dismissed without prejudice, which means it can be filed again.
One decision per issue at the Board
Completeness matters more at the Board than anywhere else. Once the Board issues a final decision on a CUE motion about a prior Board decision on an issue, that decision on that issue can no longer be challenged for CUE, and later motions about it are dismissed with prejudice (20.1409(c)). So every error you see in that Board decision on that issue belongs in the one motion; an error left out cannot be raised in a later one. A dismissal without prejudice, or a motion you withdraw in writing before the Board decides it, does not count as that final decision (20.1409(b)).
Two other Board rules shape the motion. The benefit-of-the-doubt rule of 38 U.S.C. 5107(b) does not apply to the Board's CUE decision (20.1411(a)). And a hearing is available only for argument, for good cause, with no testimony or new evidence (20.1405(c)). The Board's decision on the motion can be taken to court under chapter 72 of title 38 (20.1409(d)).
What a successful request changes
A decision revised for CUE "has the same effect as if the corrected decision had been made on the date of the reversed decision" (3.105(a)(1)(ii)). That is why CUE can reach back years: benefits are set as though the original decision had been right from the start.
CUE or another review option
CUE is for decisions that are already final, and it works only from the old record. If you have new and relevant evidence, a supplemental claim is the option built for it. If you think the evidence was weighed wrongly, that is not CUE, but it can be raised in a Higher-Level Review or a Board appeal while those are open to you. Because the standard is narrow and a Board motion on a decision can be decided only once, an accredited representative can help you judge whether an error meets it.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).
Frequently Asked Questions
Is there a deadline to raise clear and unmistakable error?
No. Once a regional office decision is final, you may request CUE review "at any time" (38 CFR 3.105(a)(1)), and a CUE motion to the Board may also be filed at any time (38 CFR 20.1404(c)).
Can I send new evidence with a CUE request?
No. CUE review is based on the record and the law that existed when the decision was made (38 CFR 3.105(a)(1)(iii) and 20.1403(b)), and the Board considers no new evidence on a CUE motion (20.1405(b)). New and relevant evidence belongs in a supplemental claim.
VA never got my records. Is that clear and unmistakable error?
Not by itself. The Board rules list the failure to fulfill the duty to assist as an example of what is not CUE (38 CFR 20.1403(d)(2)), and 3.105(a)(1)(vi) points to that list for regional office decisions.
If the Board denies my CUE motion, can I file another one?
Not on the same Board decision and issue. After a final Board decision on the motion, later motions about that decision and issue are dismissed with prejudice (38 CFR 20.1409(c)). A motion dismissed without prejudice for missing the filing requirements can be filed again, and the Board decision on the motion can be appealed to court under chapter 72 of title 38 (20.1409(d)).
Does the benefit of the doubt apply to a CUE motion?
Not at the Board. 38 CFR 20.1411(a) says the benefit-of-the-doubt rule of 38 U.S.C. 5107(b) does not apply to the Board decision on whether there was clear and unmistakable error.