Trooper83

Any advise on this matter would be greatly appreciated: I am service connected at 30% for right ankle sprain. I had a permanent profile while in service that excluded running, jumping, standing for long periods of time and any other thing that would effect my ankle. I had to attend physical therapy up until I was discharged. I was discharged in October 2003, a few months later, maybe (3-4) I filed a disability claim for my ankle. I was homeless around that time and was never notified of a C&P exam, however in my records I saw that an exam was in deed scheduled. In my claims file its noted that I was denied benefits and notified of the decision on 5-02-2004. Records indicated that I was denied because VA did not receive evidence of complaints of treatment for this condition since leaving active duty. My question is, since I had just left the service and had stacks of medical evidence for my condition, is it a CUE because VA did not rate the evidence of record? ?????? 1) When entitlement or continued entitlement to a benefit cannot be established or confirmed without a current VA examination or reexamination, and the exam was scheduled in conjunction with an original compensation claim, the claim will be rated based on the evidence of record.

Any advise on this matter would be greatly appreciated: I am service connected at 30% for right ankle sprain. I had a permanent profile while in service that excluded running, jumping, standing for long periods of time and any other thing that would effect my ankle. I had to attend physical therapy up until I was discharged. I was discharged in October 2003, a few months later, maybe (3-4) I filed a disability claim for my ankle. I was homeless around that time and was never notified of a C&P exam, however in my records I saw that an exam was in deed scheduled. In my claims file its noted that I was denied benefits and notified of the decision on 5-02-2004. Records indicated that I was denied because VA did not receive evidence of complaints of treatment for this condition since leaving active duty. My question is, since I had just left the service and had stacks of medical evidence for my condition, is it a CUE because VA did not rate the evidence of record? ?????? 1) When entitlement or continued entitlement to a benefit cannot be established or confirmed without a current VA examination or reexamination, and the exam was scheduled in conjunction with an original compensation claim, the claim will be rated based on the evidence of record.