Can I Cue This

[navydoc2]

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.

[john999]

Hey, run it by a VA lawyer regarding the CUE. There might be something we missed. You can reopen your claim with any new evidence of increased disability. Get a letter from a doctor saying your disability has increased and send it along with a letter saying you want an increase. The VA should schedule you for a C&P exam, and you should get a VCAA letter. No VCAA letter and something is wrong. After you get the VCAA letter you can start gathering new evidence from any source to bolster your claim.

[navydoc2]

I think I will wait until this claim is done, and then pursue my right knee claim again with a lawyer and getting a IMO. I don't have the cash to do it at this time. Thanks for your input and support.

[knifestuff]

CUE doesn't have to be based on law; it can be based on fact, as well. The real test is, if the error mattered in terms of the rating--if it would have led to a manifest difference in the outcome, then you might be looking at CUE. An age of 38 vs 40 probably doesn't matter.