38 CFR § 3.105(a) CUE Claim Audit Engine

The 3 Statutory CUE Pillars (38 CFR § 3.105(a))

Pillar 1: Error in the Record as it Existed at the Time

The error must be based exclusively on the record and the statutory law that existed when the prior decision was rendered. You cannot introduce new medical evidence created after the decision date.

Verified: Evident on the face of the original record

Pillar 2: Misapplication of Statutory Rule or Fact

The adjudicator must have committed an error of fact or law (e.g. failed to apply a mandatory presumption, failed to apply bilateral factor, or misread clear STR medical entries).

Verified: Statutory rule/fact was incorrectly applied

Pillar 3: Manifestly Outcome-Determinative

The error must be so critical that, had it not occurred, the outcome would have been manifestly different (e.g. service connection would have been granted instead of denied).

Verified: Outcome would have resulted in grant of benefits

Select all 3 pillars above to evaluate CUE viability. PENDING

CUE Legal Audit Engine (Russell v. Principi Standard)

The 3 Statutory CUE Pillars (38 CFR § 3.105(a))

Pillar 1: Error in the Record as it Existed at the Time

Pillar 2: Misapplication of Statutory Rule or Fact

Pillar 3: Manifestly Outcome-Determinative