Here is what I sent on IRIS:
I recently submitted a Clear and Unmistakable Error claim for my skin condition which was originally awarded in 2010. I would like for someone to confirm that it was received and acknowledged as a clear and unmistakable error. I was informed today that the Baltimore regional office is requesting that I receive another exam at the va medical center for this condition. I believe this may be an error in processing and I would like to know why the exam is being requested. I believe The C.U.E. should be a review of the information from the time of the original decision.
You are so right, that IMO is a book. I am very interested in your claim and as to why you was denied. Frankly, The IMO is too much for a rater to read, I found it boring and hard to comprehend myself. It was just easier for the rater to just pass the buck by denying the claim.
An adequate IMO, IME is usually one page or less. It is to the point and does not go into detail. More is not better. You can win that claim if you are willing to go doctor shopping as I explained up post. Go after multiple letters to defeat that C&P examiner. Use the format from usva 101.org. I wrote that four years ago. notice the counter at the bottom of the page as to how many times it has been copied for use.
Three properly written nexus letters in your favor is considered overwhelming evidence. Also, look up information on the C&P examiner, what are his qualifications. I would be adamant that the C&P exam was inadequate and would ask that the C&P be repeated with my being present. Complain about the quality of the exam in writing to the patient advocate at your medical center, not the RO. I did that myself in FEB 2016 and I was granted another exam was in March.
Ask for a reconsideration at the regional level, you may need to do a NOD but you can just ask that they take another look, after you add more opinions and dispute the C&P. Do not get distracted and let the 1 year NOD deadline go by without filing a NOD to protect your EED. And yes, this may turn into a DRO de novo review. With three proper medical opinions you can win this at the regional level. Be tenacious and proactive in the claim if you really want to win it. Your first decision is SOP if you don't dot Is and cross Ts.
Know that if you get a SOC as a result of filing a NOD, you only have 90 days from the date of the SOC to get the form 9 turned in.
If your buddys detailed the stressor and were in your same unit, same time and place of stressor, and signed the oath at the bottom of a 21-4138 with their statement or wrote a letter , with their contact info in it, and hopefully had their signature notarized, it should be OK at this point, as it might be enough for the VA to verify the stressors via JSRRC (Joint Services Records Research Center.) And maybe they wont need to go through JSRRC...hard to say.
My daughter, a veteran, helped 4 or 5 vets get some military awards they would have never had without her help (because she is fluent in Vietnamese...long story) One got the DFC.
One of their buddys (same unit, place, time) also wrote to VA in his buddy letter for all of them to use, that he was compensated for PTSD already by VA for this exact same stressor.
I might have asked before...but forget, do you have the PH, CAR, or CIB on your DD 214?
If so the VA might concede the stressor (s)
Many vets have multiple stressors. When the VA asks for them,it is often best to write down the ones that are easiest to verify.But they might not be the worse stressors.
We have info here under a search for Defining a stressor , and also for buddy statements.
You will have more time to collect evidence.
If you already had the MMPI Combat related, it would not hurt to mention that to the C & P doc, in my opinion.
HUH? The VCAA does not apply to CUE claims...and why they ordered a new C & P is beyond me...
I think this claim might be snafued and fubared already, and I think you need to use IRIS to see what is what.
It would make sense that they could have farmed out the CUE to another RO because VA is so far behind these days but something seems very wrong here.
I feel you should ask IRIS if they have the CUE claim, and why the need for a C & P. Use the RO's name that farmed it out first,in the IRIS Menu ...and see what they say...
After your reply comes from IRIS ( I suggest getting hard copy email of it)-- if that does not make sense I can try to give you the RO director's phone and/or fax number....for both ROs involved.