Is it CUE for VA to fail to cite 3.344 (5 year higher standards) and instead only cite 3.105(e) in a proposal to reduce?
I just battled over a year and won where they tried to sever me entirely.
Now they have just came back (a little bit angry maybe?) trying to reduce my 60% status knee replacement (replaced twice) with a 30%.
Don't they also have a do a complete exam (and not just a couple of select body parts?)
VA also didn't mention my secondary claims of lower back, left hip and now what was my good knee (right knee). I thought they had to do a review of my entire medical condition (maybe Brown v. Brown and in relation to the 5-year stabilization requirements 3.344.
They didn't do a complete or even accurate c&p (the report left out important information, which luckily my wife documented/recorded and so we can prove).
I think the RO is a little upset for losing the CUE against me.
Question
AF1982
Is it CUE for VA to fail to cite 3.344 (5 year higher standards) and instead only cite 3.105(e) in a proposal to reduce?
I just battled over a year and won where they tried to sever me entirely.
Now they have just came back (a little bit angry maybe?) trying to reduce my 60% status knee replacement (replaced twice) with a 30%.
Don't they also have a do a complete exam (and not just a couple of select body parts?)
VA also didn't mention my secondary claims of lower back, left hip and now what was my good knee (right knee). I thought they had to do a review of my entire medical condition (maybe Brown v. Brown and in relation to the 5-year stabilization requirements 3.344.
They didn't do a complete or even accurate c&p (the report left out important information, which luckily my wife documented/recorded and so we can prove).
I think the RO is a little upset for losing the CUE against me.
I appreciate any feedback. Thanks guys and gals!
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