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CUE Legal Audit Engine (Russell v. Principi Standard)

A Clear and Unmistakable Error (CUE) claim allows a veteran to overturn a final VA rating decision from 5, 10, or 30 years ago, forcing the VA to pay retroactive benefits back to the original date of claim.

The 3 Statutory CUE Pillars (38 CFR Β§ 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.

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).

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).

Select all 3 pillars above to evaluate CUE viability. PENDING