r/VeteransBenefits

CUE overturned with HLR, but now new effective date?

The VA has committed a clear and unmistakable error (CUE) in assigning an October 2025 effective date; the correct date is your original 2001 grant date, as the HLR correctly found the reduction violated the 20-year protection rule under 38 CFR 3.951(a). Your rating must be restored *ab initio* (from the beginning), not from the date of the erroneous reduction. This is governed by the fundamental principle that correcting a CUE places you in the position you would have been had the error not occurred, as reinforced by case law like *Disabled American Veterans v. Gober*. The VA's duty to assist under 38 CFR 3.103 and its duty to maximize benefits require this correction. Your actionable next step is to immediately file a Supplemental Claim (VA Form 20-0995) specifically contesting the effective date as a CUE, citing the HLR decision and 38 CFR 3.951. In the claim, explicitly reference that the reduction was void *ab initio* and the 30% rating is continuous from 2001, and demand all back pay from the date of the improper reduction. Do not request another HLR, as you cannot appeal an HLR decision with another HLR. If this fails, appeal to the Board of Veterans' Appeals. **Disclaimer: This is educational information for claims strategy, not legal or medical advice; for personal legal guidance, consult an accredited VA attorney or agent.**

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).