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EED CUE?

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Billielea

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I have asked if this is CUE on here before, but I have since received my C-file and am able to upload my C&P exams. I was initially denied PTSD in 2009. I was awarded 50% in 2015. I have filed a NOD on the rating and effective date last month and made inquiries to a lawyer to handle my claim. The problem is it doesn't seem like CUE to me as I understand the definition. I was diagnosed with adjustment order in 2009 and then PTSD in 2015. The main reason I would like to try for an EED is the last paragraph of the 2015 C&P exam where the Dr. states:

However, it should be pointed out that most of

the symptoms the veteran described during today's MH examination, certainly

those common to a PTSD diagnosis- she also described during her

7/8/09 Initial PTSD examination, in Oklahoma City

Both C&P exams are attached. Any thoughts?

2009 C&P exam notes2.pdf

2015 - C&P exam Notes.pdf

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I agree with Berta.  While a "current diagnosis" is required for service connection, the doctor makes that diagnosis, not a rater, and the Doctor decides if you meet the applicable criteria for a current diagnosis. 

This is a clear "Colvin" (Colvin Derwinski) violation.  The VA judges can not substitute its own unsubstantiated medical opinion for that of a competent  medical professional.  

The medical professional apparently made the diagnosis, the VA rater decided, instead,  you did not meet all the criteria for a diagnosis.  He just over ruled what the doc said, substituting his opinion for that of a medical professional.  If the doc says you are diagnosed with PTSD, then you are diagnosed with PTSD, and the rater can say that PTSD victims should not get benefits, because they have to run for political office, first.  This is CUE.  

This is CUE.  

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You need to hold the VA accountable.  They have to rate you on "criteria".  The criteria for SC is always the Caluza Triange:

 1.  Current diagnosis.  BY A DOCTOR, (or competent medical professional, such as a NP).  Not a rater, shoe salesman, or  GS8 rating specialist.  The rating specialist does not "add to" or alter the doctors criteria, he is not competent to make a medical opinion.  

2.  In service event or aggravation.

3.  Nexus, or medical opinion's link between 1 and 2.  

Whether you have purple hair, drive a pink mini bus, or Voted for Trump is irrelevant.  If you meet the criteria above, you get SC.  The rating specialist can not decide the doc did not do a good job examing you based on the doc diagnosing you when you only met part of the criteria.  This is a judgement call made by doctors, not rating specialists.  

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I was thinking she wants her EED to be correct, as stated she is 50%S.C....Awarded in 2015  but EED dates back to when she was Diagnosed BY va Dr ...in 2009.

I am completely lost in this post?

she was S.C.in 2015 &Awarded 50%PTSD...if this veteran was denied or was lowballed for rating and S.C. in 2015...How will filing NOD Help? 2009-2015 is close to 6 years timeline to file the NOD 1 YEAR..unless she has been in Appeals all this time?

RECONSIDERATION OR REVIEW? of claim back in 2009? for Correct EED?

OR for increase in rating?

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