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hearing loss Tinnitus CUE Help Please
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63Charlie
Here's what I have so far.
EVIDENCE OF CUE
Appellant asserts that the unfavorable decision rendered on May 12, 2016, involving denial of service connection for tinnitus constitutes a clear and unmistakable error.
Unfavorable Decision:
In the May 12, 2016 decision letter, it is stated, " Service connection for tinnitus is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed."
Rebuttal of Unfavorable Decision:
" A veteran is competent to report symptoms of hearing loss and/or tinnitus as a disability because symptoms of hearing loss and tinnitus are capable of lay observation. See Charles v. Principi, 16 Vet. App. 370(2002); and Espiritu v. Derwinski, 2 Vet. App. 492 (1992). Consequently, a veteran's testimony regarding hearing loss and/or tinnitus is sufficient to serve as evidence that the disability(ies) currently exists.
Whereas... when the compensation claim for tinnitus was initiated, the veteran reported ringing in his ears. Ringing in the ears was reported during the C&P examination. VA health records further indicate multiple complaints of ringing in the ears was reported while receiving medical care by the VA.
Q: How do I submit a CUE ? Is there a form or anything?
I have filed a NOD on the claim but haven't raised a CUE yet.
Q: Is there anything I'm missing or need before I submit the CUE ?
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