The Difference? The Future vs. The Past
Here, we’ll help you understand the distinctions between VA “Retroactive or Backpay” payments and Clear and Unmistakable Error (CUE) claim payments.
Although these two processes may seem similar, they serve very different purposes, and involve distinct procedures and outcomes.
Retroactive Payments: Planting Seeds for Future Benefits
When the VA processes an intent to file form (VA Form 21-0966), it sets the stage for potential retroactive payments. The operative word is “potential” because not all claims will have a Retro payment due to the Vet.
Think of this process as planting seeds in a garden. You’re laying the groundwork for future benefits, such as disability compensation or pension benefits. If all goes well, you’ll reap the rewards later on. These payments cover the period between submitting the intent to file form and the approval of your claim.
CUE Claims: Correcting Past Decisions
On the other hand, a CUE claim is about reviewing past decisions made by the VA. It stands for Clear and Unmistakable Error and is like fixing a leaky faucet. You’re addressing a specific issue that needs correction, even if it occurred some time ago. With a CUE claim, you’re asking the VA to review a finalized decision and correct any errors that may have been made, regardless of how old the decision is.
Here, too, the operative word is “potential” because not all claims will have a CUE payment due to the Vet. CUEs are considered rare and highly complex to identify, prepare, argue, and prosecute, often taking 6 months to a year (or longer) to conclude.
Understanding the Difference: Why It Matters
Understanding the contrast between retroactive payments and CUE claims is vital as they involve different procedures and outcomes. Retroactive payments focus on securing future benefits, while CUE claims aim to rectify past VA decision errors.
Without this knowledge, you could inadvertently miss tens or even hundreds of thousands of dollars in a one-time VA benefit payment. With our help, such an oversight can easily be avoided.
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Contact us today to explore if you’re owed retroactive payment or suspect you may have a CUE claim to correct a past decision. We’ll give straight answers and help you in securing your earned benefits.
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Veterans First: Where Experience and Dedication Shapes Every Action
With 37 years of experience at the Dept of VA, Rhonda Mitchell and her team specializes in uncovering retroactive payments and CUE claims for our clients. Having encountered diverse case scenarios, overseeing appeals and ensuring accuracy in disability award determinations, we excel in overturning denials and identifying "Clear and Unmistakable Errors" (CUE) that can significantly benefit our clients.
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