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Can I Cue This

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navydoc2

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I listened to my hadit elders and got a copy of cp's I discovered that back in 07 the examiner described me as a 38 y/o white male when i am a black male who was 40 at the time. They also said they tried to schedule an xray for me when I had moved so I didn't get it, here is what they denied me for.

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Doc, you cannot claim CUE due to an exam or the fact that you did not get notice of a test that needed to be done. Remember CUE must be based upon a legal error.

Neither changing your race or age within a medical record or you not showing for a medical test (regardless of the reason) simply does not climb to the level of a legal question. Maybe in a malpractice suit but not in the VA claims arena. However, they could be used to support your arguments for an appeal.

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Doc, you cannot claim CUE due to an exam or the fact that you did not get notice of a test that needed to be done. Remember CUE must be based upon a legal error.

Neither changing your race or age within a medical record or you not showing for a medical test (regardless of the reason) simply does not climb to the level of a legal question. Maybe in a malpractice suit but not in the VA claims arena. However, they could be used to support your arguments for an appeal.

thought i'd get some expert opinions thanks

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name='navydoc2' date='Jul 27 2009, 10:55 PM' post='157019']

name='Clown Man' date='Jul 27 2009, 10:51 PM' post='157018']

Doc, you cannot claim CUE due to an exam or the fact that you did not get notice of a test that needed to be done. Remember CUE must be based upon a legal error.

Neither changing your race or age within a medical record or you not showing for a medical test (regardless of the reason) simply does not climb to the level of a legal question. Maybe in a malpractice suit but not in the VA claims arena. However, they could be used to support your arguments for an appeal.

thought i'd get some expert opinions thanks

vahadit.pdf

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  • HadIt.com Elder

You can't claim a CUE until you get a final decision. If your claim is still on appeal then you can't claim CUE. I think you need an IMO to show that the left knee was the secondary cause of the right knee. You have to overcome the notation in your records that you had surgery on the right knee when you were 18.

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You can't claim a CUE until you get a final decision. If your claim is still on appeal then you can't claim CUE. I think you need an IMO to show that the left knee was the secondary cause of the right knee. You have to overcome the notation in your records that you had surgery on the right knee when you were 18.

that decision was final three years ago I did not know I could get a copy of my cp until I found hadit. I really thought that after the third surgery and two mri's that the evidence was overwhelming. They denied me and didn't even say it was non service connected. How do I reopen a case that was final for over three years without new information stronger than what I already submitted.

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