I submitted a claim for dysthymia and the VA medical examiner stated he had access to my Service Medical Records, and diagnosed me with Axis I Dysthymia, Late onset. The doctor further stated that my dysthymia had its origins during my military service. However, the VA Rater denied my claim for Dysthymia, stating that I was not diagnosed with Dysthymia during my military service, and it was therefore not service related.
So my questions is who's opinion takes precedence - the VA Doctor that reviewed my SMR and gave me the diagnosis of dysthymia that started when I was in the military, or the VA Rater that disregarded the doctors opinion and determined that it was never diagnosed in the military and therefore not service connected?
This happened three years ago. Too late to file an appeal. But, is it grounds for a CUE?