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Episode 120: SCOTUS CUE Case and Veterans Benefits

On this episode of Veterans Legal Lowdown, the CCK team is breaking down the recent Supreme Court case regarding VA’s understanding and application of “clear and unmistakable error.” The Marine Corps veteran initially filed for disability benefits in 1975 for schizophrenia.  Both VA and the BVA denied his claim at the time.  In December 2014, the Veteran petitioned the Board based on a statutory provision enacted in 1997.  Tune in as we discuss the question: When VA denies a veteran’s claim based on an interpretation that is later deemed invalid, is that considered “clear and unmistakable error” that the veteran may invoke to challenge VA’s decision?