He didn't have to use the term "under the auspices of" (I use it because I have a legal background)
but I hope he mentioned 38 USC 5109A and also the regulation the rater broke.
38 USC 5109 is what gives us the right to file this type of CUE.
He did use what I assume is the correct rating code and that was very good.
I have learned so much about CUE that I leave no stone un-turned. I have no faith in their (VA)ability to read, and they are not required to apply common sense.
I have nothing else to offer without being able to know what he wrote.
Maybe it will be perfectly OK..it probably will be, and maybe the VA will address it properly.
Others will chime in.
In MI, the New 2013 DAV Residential Property Tax Exemption law is available only to those Vets that are Rated Scheduler 100% SC, or in receipt of Pecuniary Assistance (Ramps etc), or are determined by the VA to be "Currently Individually Unemployable" due to their SC conditions."
A new application is required the 1st quarter of each year, be filed with the Vet's City Taxing Authority. In 3 different MI cities ( since 2013), the Voc Rehab Denial Letter indicating the Vet is not eligible for the VR Program due entirely to his SC Conditions, has been accepted as verification for the IU Property Tax exemption.
Being in receipt of SSDI is not listed as 1 of the 3 (OR's) for the MI DAV Exemption.
the company that said the exam is contracted out to, said the exam I am being sent to is for the pancreas.......which was part of the general med exam I had gone 2 x C&P plus repeat which the pancreas exam was part of at those 2x c&p exams at a va c&p office..... not counting the exams I have at the va every year, plus the annual cat scans..
I was hospitalized for gastritis on active duty (3 days in the hospital on a USAF base I was stationed at.). Plus had the severe skin issues from the chemicals which included severe swelling and bleeding.
At one of the C&P's the doctor read to me that they noted in my medical records I was treated and hospitalized for gastritis on active duty. I do vividly remember being sick in the hospital with gastritis on active duty.
then a few years later I had pancreas disease. then the operations started, gallbladder, then pancreas...
They are sending me again which will make a total of Five C&P exams, which make 3x for the pancreas making it be a 3rd time repeat for same issues.
other C&P's I went to were mental and neuro.
They rushed the C&P exams in June/July/August and repeats. The doctors at the VA C&P told me they would send in the reports after writing them.
Now, 3 months later they said they are sending me for same exam I went to 3 months ago. On top of that it is not a VA they are outsourcing this repeat.
makes no sense why the repeat 3x ?
He didn't use the "under the auspices of" statement. The only thing close to regulatory I can see is that he says under DC 7817 it should have been at least a 30% rating. Is that enough or does it need more?
2 of my CUE templates are here :
You cant use, in your case the Cue Yourself approach within the appeal period , Use the first template.
This might help more, I posted this here recently for someone else:
My Original heart Disease Cue was much shorter than this but I re wrote it for you with more info in it that shows how we have to support this type of claim. Make sure your C file # is on the letter.
"This is a claim of Clear and Unmistakable Error under auspices of 38 USC 5109A.
In the enclosed 1998 DIC award letter rating I received the VA failed to acknowledge and rate the deceased veteran’s heart disease,which was one of the “ multiple deviations “ in medical care that the decision under Section 1151 was based on.
Exhibit A 1998 VA DIC award and rating sheet 4 pages
I have enclosed as Exhibits B and C, further medical documents in VA possession at time of the 1998 decision that prove that veteran’s heart disease was undiagnosed and untreated and contributed to his death.
Exhibit B VA Peer Review March 1995 reguested by Regional Counsel and prepared by Dr XXXXXXXXXXXX, Bath VAMC. malpractice on heart 6 pages
Exhibit C VA Central Office Strategic Health Team Cardiology report regarding malpracticed and defined “ multiple deviations” that all “ hastened” the veteran’s death 2 -pages
The veteran’s undiagnosed and untreated heart disease had been established in multiple VA medical records as well as at VA Office of General Counsel , for my FTCA case, and at VA Central Office and their findings were sent to the Buffalo VARO by me, via priority mail ,prior to this decision and were ignored.
The legal error to my detriment as the surviving spouse was that no rating or acknowledgement whatsoever for made on the 1998 rating sheet for Rod’s heart disease.,yet the award letter clearly states it was one of “multiple deviations from a usual standard of care and all of these deviations hastened the veteran’s death.”
This can be used as a template and there are more templates here but this covers the main points:
Defining the exact legal error with proof from the past decision.
Stating the outcome was detrimental to you (because if the error had not been made, they would have owed you more cash)
Making sure they had the established medical record in their possession (regardless of where it was, as long as it was at VA.
Checking the ratings for the year you are claiming CUE was made.
Send them a copy of the specific rating schedule if at time of the cued decision if this is a rating CUE claim.
Go over 38 USC 5107a and info here for the best way to word and present any type of CUE.