The 5-year requirement was specifically what I was thinking of when I said it wasn't protected. Both ratings are about 2.5 years old, so there isn't any kind of protection that I'm aware of.
On the other hand, I don't see how you could make the case that my condition has improved.
When I get to a DRO hearing, sometimes I spring a 526b on them to highlight an inferred claim. I can squeeze out an "informal" comment made at a C&P exam into a claim a lot of times.
There's a lot of tricks out there we can use. Never live in the same box. Think outside of it.
If you are within suspense dates, it isn't a CUE though. It's a mistake. Remember, CUE is a motion to revise a final decision. If it isn't final, it's far easier to change.