Filed 3 CUEs, have 3 C&P exams: Question...

[mrstephens11]

Good news, I filed three CUEs and now have three C&P exams.  Great news, it's with the VES and not the VA.  The best news, I've seen one of these VES Doctors before and he rated the disability exactly correct!

My question is, since I was given the C&Ps for the three disabilities that I filed the CUEs against, does this mean that the VA is agreeing that they made a CUE?  I understand the exams still have to happen for the rating portion, but does this mean the bureaucratic part of the VA agrees there was a mistake?  Logic tells me "yes, why would they schedule an exam if they were just going to deny the CUE."  However, this is the VA and logic is hard for them.

Last night I was going through my records to get them ready for the C&Ps.  While I was doing this, I found another CUE that if accepted will net me another 10% back to 2005.  Go through your records, DBQs, and Rating Decision letters, you might have CUEs just waiting to be found!

 

Thank you,

Stephens

[Vync]

I don't think the VA admitted CUE yet. Apparently, your request was plausible enough to require exams, which can be a good thing!

Edited November 27, 2017 by Vync

[mrstephens11]

Awesome, thank you for the input. 

I just looked in ebenefits and the claim is still in "Gathering of evidence". 

[Berta]

I sure agree with Vync......they might have erred in the diagnostic codes- to your detriment ( a legal error)...thus the need for more C & P exams...that is great!

and I agree with your statement here:

 "Go through your records, DBQs, and Rating Decision letters, you might have CUEs just waiting to be found!"

I have said here before , and it bears repeating, that the worst CUE claim of all is the one that has never been filed.

I am glad you have proactively made this frontal attack.

PS too for any potential ' CUE erinos'-----

I learned plenty about CUE from BVA denials of CUE ,as well as the CUE awards th BVA granted.. .BVA decisions cannot be used as evidence because every BVA decision is unique to one sole claimant- 

but BVA is well worth the time to search and peruse.  Plus the BVA can read.

Here is their search page:

https://www.index.va.gov/search/va/bva.jsp

 

 

 

 

[FormerMember]

 

First, VES is the contracted medical outfit that will do a C&P exam. Second, the VES physician merely does an intake and summary of your disability picture-the RVSR or Coach of the Appeals Team will evaluate the CUE and decide it. The VES has no say in the decision.

The fact that you did not receive a denial out of hand is a positive assessment. I guess it also hinges on whether the CUEs you claim are still within the appellate time period- which technically aren't CUEs. Too little claims info to work with to make any prognostications.

[mrstephens11]

I'm about to goto the first of the C&Ps.  Its with the same Doctor that fairly rated my other disability.  Sadly I listened to the Texas Veteran's Commision's advice and didn't file a NOD because "Don't rock the boat, they might take your rating away."  I wish I knew about this site before I signed up with the TVC.  I'm past the appeals time limit so these are real CUEs.

Thank you all for the advice and wisdom,

Stephens

[Berta]

Geez----- a so called state vet rep ( I knew an award was coming and revoked my POA with the DAV)

who- I felt knew more about 38 CFR etc than DAV did , and he was  was delighted to get credit for the award I got -and he  had nothing to do with it- (1998)

 then he advised me Not to file a NOD on the award letter. He said 1151 awards are "different" than regular claims.

They really aren't that different except the VA can hide these awards of negligence from the public and as the recent GAO report I posted in the Scandal topic, and was on Fox news a few minutes ago -hopefully covers....

buty maybe not-----

WhenI re opened my claim for direct SC death the 1998 award letter still bothered me and I filed 4 CUEs on it- all resolved .One of the CUEs took 6 years. The last one took a few weeks.

This  systemic vet rep mantra-

"Don't rock the boat, they might take your rating away"

is absolute BS, in my opinion.