Legal Question in Veterans Law in Illinois

Clear and unmistakeable error in VA decision?

Seven years ago I was medically

discharged for a service connected

disability involving my knee. My

DD214 states this. The VA then

denied my claim stating it was not

service connected. I am now having

troubles with my back and tendons in

my heels that I believe are related to

me favoring my knee. I would have

been able to be seen at a VA hospital

for these problems if I had been

granted a rating in the first place. Can

I file a CUE for this error?


Asked on 1/28/09, 8:08 pm

1 Answer from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

Re: Clear and unmistakeable error in VA decision?

CUE has a very particular legal definition. And I don't think this fits. I think all you can do is get a medical opinion that supports the connection with your knee to your back, etc. then file to reopen.

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Answered on 1/29/09, 9:46 am


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