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http://www.medicinen..._gerd/page9.htm GERD At A Glance GERD is a condition in which the acidified liquid contents of the stomach backs up into the esophagus. The causes of GERD include an abnormal lower esophageal sphincter, hiatal hernia, abnormal esophageal contractions, and slow emptying of the stomach. GERD may damage the lining of the esophagus, thereby causing inflammation (esophagitis), although usually it does not. The symptoms of uncomplicated GERD are heartburn, regurgitation, and nausea. Complications of GERD include ulcers and strictures of the esophagus, Barrett's esophagus, cough and asthma, throat and laryngeal inflammation, inflammation and infection of the lungs, and collection of fluid in the sinuses and middle ear. Barrett's esophagus is a pre-cancerous condition that requires periodic endoscopic surveillance for the development of cancer. GERD may be diagnosed or evaluated by a trial of treatment, endoscopy, biopsy, x-ray, examination of the throat and larynx, 24 hour esophageal acid testing, esophageal motility testing, emptying studies of the stomach, and esophageal acid perfusion. GERD is treated with life-style changes, antacids, histamine antagonists (H2 blockers), proton pump inhibitors (PPIs), pro-motility drugs, foam barriers, surgery, and endoscopy.

http://www.medicinen...ome/article.htm Irritable Bowel Syndrome (IBS) At A Glance IBS is a functional disease, that is, a disease in which the intestine (bowel) functions abnormally. Theories of the cause of IBS include abnormal input from intestinal sensory nerves, abnormal processing of input from the sensory nerves, and abnormal stimulation of the intestines by the motor nerves. The primary symptoms of IBS are constipation, diarrhea, and abdominal pain. Secondary symptoms include abnormal passage of stool, abnormal form of stool, increased amounts of mucus in the stool, and a subjective feeling of abdominal distention (bloating). IBS is diagnosed on the basis of typical symptoms (Rome Criteria) and the absence of other intestinal and non-intestinal diseases that may give rise to the symptoms. Testing in IBS is directed primarily at excluding the presence of other intestinal diseases and non-intestinal diseases. Treatment of IBS consists primarily of medications to control constipation, diarrhea, and abdominal pain. Anti-depressant medication and psychological treatments also may be used. It is not clear if dietary alterations have much effect on the symptoms of IBS except for increases in dietary fiber, which may improve constipation. Although it has been hypothesized that IBS may be caused by intestinal bacteria, specifically by small intestinal bacterial overgrowth, there is little rigorous scientific support for the hypothesis. On the other hand, there are a limited number of rigorous scientific studies demonstrating that probiotics and antibiotics improve the symptoms of IBS. Future advances in the treatment of IBS depend on a clearer understanding of its cause(s).

http://www.medicinen...gia/article.htm Fibromyalgia At A Glance Fibromyalgia causes pain, stiffness, and tenderness of muscles, tendons, and joints without detectable inflammation.Fibromyalgia does not cause body damage or deformity.Fatigue occurs in 90% of patients with fibromyalgia.Irritable bowel syndrome can occur with fibromyalgia.Sleep disorder is common in patients with fibromyalgia.There is no test for the diagnosis of fibromyalgia.Fibromyalgia can be associated with other rheumatic conditions.Treatment of fibromyalgia is most effective with combinations of education, stress reduction, exercise, and medications.

http://www.va.gov/Fi..._Final_6261.pdf

http://fmcfsme.com/ Fibromyalgia (FM) makes you feel tired and causes muscle pain and "tender points." Tender points are places on the neck, shoulders, back, hips, arms or legs that hurt when touched. People with fibromyalgia may have other symptoms, such as: Widespread musculoskeletal painHeadachesNon restorative sleepFatiguePsychological distressSpecific regions of localized tendernessMorning stiffnessTingling or numbness in hands and feetHeadaches, including migrainesIrritable bowel syndrome (IBS)Problems with thinking and memory (called "fibro fog")Painful menstrual periods and other pain syndromes CFS stands for chronic fatigue syndrome. Chronic means persistent or long-term. ME stands for myalgic encephalomyelitis. Myalgic means 'muscle aches or pains'. Encephalomyelitis means inflammation of the brain and spinal cord. CFS/ME is a serious, disabling and chronic neurological illness. Symptoms include: excessive fatiguegeneral painmental fogginessoften gastro-intestinal problemsfatigue following stressful activitiesheadachessore throatsleep disorderabnormal temperatureand others

Week of March 21, 2011 Approximately 70,000 veterans who were given a medical separation between September 11, 2001 and December 31, 2009 have the chance to have their separations reviewed and possibly changed to a medical retirement. The reviews are conducted by the Physical Disability Board of Review, which will examine each applicant's medical separation and make a recommendation to the respective Service Secretary based on their findings. Although there is no guarantee that applicants will become retirement eligible, there is no risk of veterans losing their existing benefits. To be eligible veterans must have been medically separated with a combined disability rating of 20 percent or less, and originally not found eligible for retirement. Visit the PDBR website to learn more and begin the application process. Please pass this along to any veterans you know who may qualify for the PDBR. Read more about the PDBR on the Military Advantage Blog.

Legislation has been introduced in both houses of the 112th Congress that would allow qualified military retirees to receive both their VA disability compensation and DoD pensions at the same time. Concurrent receipt of retirement pay and disability compensation has been expanded in recent years, but it still does not apply to military retirees with service-connected disabilities rated less than 50 percent. Sen. Harry Reid, D-Nev. , introduced the "Retired Pay Restoration Act of 2011" S. 344 on Feb. 14 to go along with a similar measure, H.R. 333, previously introduced in the House by Rep. Sanford Bishop, D-Ga. H.R. 333 already has 97 cosponsors. Two other House bills also address lifting the ban on concurrent receipt. http://www.military....current-receipt

http://www.disabled-...e_picture.shtml

ORDER Service connection for a disorder manifested by fatigue, as an undiagnosed illness, is granted. Service connection for a disorder manifested by bilateral knee pain, diagnosed as fibromyalgia, is granted. Service connection for a headache disorder, variously diagnosed, is granted. Service connection for a disorder manifested by back pain,diagnosed as lumbosacral strain, is granted. Service connection for a disorder manifested by neck pain,diagnoses as spondylosis, is granted. Service connection for a disorder manifested by bilateral wrist pain, diagnosed as tendonitis, is granted. http://www4.va.gov/v...es4/0930949.txt

38CFR4.88a Chronic Fatigue Syndrome 6354 Chronic fatigue syndrome (CFS): Debilitating fatigue, cognitive impairments (such as inability to concentrate, forgetfulness, or confusion), or a combination of other signs and symptoms: Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care 100% Which are nearly constant and restrict routine daily activities to less than 50 percent of the pre-illness level; or which wax and wane, resulting in periods of incapacitation of at least six weeks total duration per year 60% Which are nearly constant and restrict routine daily activities from 50 to 75 percent of the pre-illness level; or which wax and wane, resulting in periods of incapacitation of at least four but less than six weeks total duration per year 40% Which are nearly constant and restrict routine daily activities by less than 25 percent of the pre-illness level; or which wax and wane, resulting in periods of incapacitation of at least two but less than four weeks total duration per year 20% Which wax and wane but result in periods of incapacitation of at least one but less than two weeks total duration per year; or symptoms controlled by continuous medication 10% Note: For the purpose of evaluating this disability, incapacitation exists only when a licensed physician prescribes bed rest and treatment. [61 FR 39875, July 31, 1996, as amended at 84 FR 28230, June 18, 2019]

Depending on the record and the medical opinion and rationale, it is hard for VA to deny the claims. In a lot of cases the veteran may have to appeal to get his or her claims awarded but it can be done. ORDER Entitlement to service connection for chronic fatigue syndrome/ fibromyalgia is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for Epstein-Barr syndrome is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for tropical disease or parasitic infection, chronic giardiasis is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for obstructive sleep apnea is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for restless leg syndrome is granted, subject to the rules and payment of monetary benefits. Entitlement to service connection for immune disorder is granted, subject to the rules and payment of monetary benefits. http://www4.va.gov/v...es2/0813781.txt

Just Passing on information that some may not know they have an Immune Disorder. This may not be a complete list List of Autoimmune and Autoimmune-Related Diseases Acute Disseminated Encephalomyelitis (ADEM)Acute necrotizing hemorrhagic leukoencephalitisAddison's diseaseAgammaglobulinemiaAllergic asthmaAllergic rhinitisAlopecia areataAmyloidosisAnkylosing spondylitisAnti-GBM/Anti-TBM nephritisAntiphospholipid syndrome (APS)Autoimmune aplastic anemiaAutoimmune dysautonomiaAutoimmune hepatitisAutoimmune hyperlipidemiaAutoimmune immunodeficiencyAutoimmune inner ear disease (AIED)Autoimmune myocarditisAutoimmune pancreatitisAutoimmune retinopathyAutoimmune thrombocytopenic purpura (ATP)Autoimmune thyroid diseaseAxonal & neuronal neuropathiesBalo diseaseBehcet's diseaseBullous pemphigoidCardiomyopathyCastleman diseaseCeliac diseaseChagas diseaseChronic fatigue syndrome**Chronic inflammatory demyelinating polyneuropathy (CIDP)Chronic recurrent multifocal ostomyelitis (CRMO)Churg-Strauss syndromeCicatricial pemphigoid/benign mucosal pemphigoidCrohn's diseaseCogans syndromeCold agglutinin diseaseCongenital heart blockCoxsackie myocarditisCREST diseaseEssential mixed cryoglobulinemiaDemyelinating neuropathiesDermatitis herpetiformisDermatomyositisDevic's disease (neuromyelitis optica)Discoid lupusDressler's syndromeEndometriosisEosinophilic fasciitisErythema nodosumExperimental allergic encephalomyelitisEvans syndromeFibromyalgia** Fibrosing alveolitisGiant cell arteritis (temporal arteritis)GlomerulonephritisGoodpasture's syndromeGraves' diseaseGuillain-Barre syndromeHashimoto's encephalitisHashimoto's thyroiditisHemolytic anemiaHenoch-Schonlein purpuraHerpes gestationisHypogammaglobulinemiaIdiopathic thrombocytopenic purpura (ITP)IgA nephropathyIgG4-related sclerosing diseaseImmunoregulatory lipoproteinsInclusion body myositisInsulin-dependent diabetes (type1)Interstitial cystitisJuvenile arthritisJuvenile diabetesKawasaki syndromeLambert-Eaton syndromeLeukocytoclastic vasculitisLichen planusLichen sclerosusLigneous conjunctivitisLinear IgA disease (LAD)Lupus (SLE)Lyme disease, chronicMeniere's diseaseMicroscopic polyangiitisMixed connective tissue disease (MCTD)Mooren's ulcerMucha-Habermann diseaseMultiple sclerosisMyasthenia gravisMyositisNarcolepsyNeuromyelitis optica (Devic's)NeutropeniaOcular cicatricial pemphigoidOptic neuritisPalindromic rheumatismPANDAS (Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcus)Paraneoplastic cerebellar degenerationParoxysmal nocturnal hemoglobinuria (PNH)Parry Romberg syndromeParsonnage-Turner syndromePars planitis (peripheral uveitis)PemphigusPeripheral neuropathyPerivenous encephalomyelitisPernicious anemiaPOEMS syndromePolyarteritis nodosaType I, II, & III autoimmune polyglandular syndromesPolymyalgia rheumaticaPolymyositisPostmyocardial infarction syndromePostpericardiotomy syndromeProgesterone dermatitisPrimary biliary cirrhosisPrimary sclerosing cholangitisPsoriasisPsoriatic arthritisIdiopathic pulmonary fibrosisPyoderma gangrenosumPure red cell aplasiaRaynauds phenomenonReflex sympathetic dystrophyReiter's syndromeRelapsing polychondritisRestless legs syndromeRetroperitoneal fibrosisRheumatic feverRheumatoid arthritisSarcoidosisSchmidt syndromeScleritisSclerodermaSjogren's syndromeSperm & testicular autoimmunityStiff person syndromeSubacute bacterial endocarditis (SBE)Susac's syndromeSympathetic ophthalmiaTakayasu's arteritisTemporal arteritis/Giant cell arteritisThrombocytopenic purpura (TTP)Tolosa-Hunt syndromeTransverse myelitisUlcerative colitisUndifferentiated connective tissue disease (UCTD)UveitisVasculitisVesiculobullous dermatosisVitiligoWegener's granulomatosis**NOTE Fibromyalgia and Chronic Fatigue are listed, not because they are autoimmune, but because many persons who suffer from them have associated autoimmune disease(s)

I decided to start a new thread so more will see. http://www4.va.gov/v...es2/1016269.txt

To find out if you are a VICTIM OF VA DISHONESTY see full story below to learn not only how to get all your money the VA may owe you, but how you can participate in a Group Complaint in this INTERACTIVE STORYto put an end to VA Dishonesty against Veterans, and their living and surviving family members. http://www.veteranstoday.com/2011/03/01/va-caught-red-handed-scaming-veterans-spouses-parents/

I really don't understand your question. 3.317 have to deal with veterans of the "Persian Gulf" Both WAR and ERA veterans and how they can be compensated. If you would scroll up, you would see that 3.307, 3.309, and 3.313 deals with veterans of the "Vietnam" Both WAR and ERA veterans and how they can be compensated. There have been many veterans that have been misdiagnosed. The key would be to keep being treated and seek medical help. Doctors don't know everything, and some diseases, disabilities and medical problems need time to fully develop to get a clear and correct diagnosis. So again, I don't understand your question. Congress has deemed/allowed certain condition(s) to warrant service connection if the veteran has a diagnosis. VA will still make the veteran prove that the condition(s) was military related or aggravate before VA grants the veterans service connection.

Unfortunately the DRO may not review new medical evidence, even if you tell them that there are new records in your file. Just be prepared to fight back.

Have you considered telling the vet to request a copy of his C-File? The Document may very well be in the claim folders, VA is notorious for not reviewing the entire C-File and this may solve the issue. Also have the veteran request his VAMC records both computerized and hand written notes, and of course as bronco suggest if he has a POA, have him check those records as well.

http://www.va.gov/og...entopinions.asp

What I don't understand is VA denies veterans claims and forces them to file an appeal. Then the DRO refuses to look at the evidence and rubber stamp a denial and the claim has to go all the way to BVA just to be remanded back to the RO and then back to BVA.

http://www.veteranst...still-fighting/ February 24, 2011 posted by Veterans Today · 2 Comments Desert Storm Vets Still Fighting Twenty Years Later By James A. Bunker for Veterans Today Executive Director NGWRC Twenty years ago this country's best men and women were engaged in combat with the forces of Saddam Hussein after his August 2nd, 1990 invasion of Kuwait. In February 1991, my men and I knew we had what it would take to liberate the people of Kuwait. We had years of training and good leaders in our chain of command, as did many of the other units in the U.S. Army. We were confident in our combat capabilities, yet we had great concern about the prospect of having to face the chemical weaponry that we knew Iraq possessed. For weeks before the ground phase of Operation Desert Storm began, the prevailing winds had been blowing out of Iraq. We prayed that on G-day the winds would turn in our favor and blow back in the direction of Saddam's forces. This we hoped would minimize the chances that the Iraqi Army would use their massive chemical stockpiles against us. Due to our superior training, our well-seasoned and courageous leaders, and our overwhelming firepower, the ground phase of Desert Storm lasted less than four days. As the guns fell quiet and Saddam's remaining forces high-tailed it back to Baghdad, many of our soldiers started to show signs of illness. No one knew what was causing this unusual medical phenomenon. Our higher Headquarters suggested that the illnesses might be the result of the desert heat; but my Battalion Commander knew this was not the case because the temperature was in fact quite mild; less than 90 degrees. For someone like myself; born and raised in Kansas, 90 degrees is a bit on the chilly side. Beyond the suggestions that our troops were ill because of the heat, no one gave much thought to the possibility that the Iraqi chemical ammunition stockpiles that were being destroyed by U.S. forces not far away might be the source of our ills. Our brave warriors came home from the Persian Gulf War to an unprecedented hero's welcome; but it wasn't long before news reports began to document a mysterious illness plaguing many of these American heroes. Men and women who had previously enjoyed robust health and exceptional physical fitness were suddenly victims of unexplained skin rashes, joint pain, debilitating fatigue, and a host of other very odd health-related problems that even the most highly trained medical professionals were unable to diagnose. As more and more ailing Persian Gulf War Veterans began to come forward and share their stories it became clear that one of the most common factors that nearly everyone could relate to were the significant number of "false" chemical alarms that had activated in theater. Persian Gulf War Veterans from virtually all branches of the military have described how these highly sophisticated devices kept going into alarm mode, to the point that finally USCENTCOM passed the word that our troops were to unmask and disregard the alarms. According to higher headquarters, the NBC alarms were malfunctioning and the alarms were "false". In 1993 many of us worked with members of Congress to get the first bill passed to provide compensation to Veterans suffering from Gulf War Illnesses (GWI). Public Law 103-446, enacted in 1994, authorized the Department of Veterans Affairs (VA) to pay disability compensation to disabled Persian Gulf War Veterans suffering from undiagnosed illnesses. Despite the new law few Veterans saw any relief because of the prevailing attitudes of those in the Veterans Benefits Administration (VBA). VBA did not and still does not like to grant service connection for GWI. Despite clear direction by Congress and the President, skepticism continues to abound within the VBA. Many of the Veterans Affairs Regional Offices (RO) actually go out of their way to deny GWI claims. In 1997, we again worked with Congress to amend the law in the hopes it would help our ailing Persian Gulf War Veterans. The changes helped some, but not many. The most recent change came in 2002 when we were successful in adding Chronic Fatigue Syndrome (CFS), Fibromyalgia (FM), and Irritable Bowel Syndrome (IBS) to the list of "undiagnosed illnesses" that were to be considered "presumptive" to service in the Persian Gulf War. Yet to this day thousands of Veterans continue to have their claims denied despite clear and convincing medical opinion that they are indeed suffering. Today I see many claims denied for reasons such as; "your claim cannot be granted under the undiagnosed illness provision as you have a diagnosis." For example; if a Veteran is told by their doctor that he or she has Chronic Fatigue Syndrome, even though that illness is now clearly defined in the law as an "undiagnosed illness" many VBA Claims Adjudicators ignore the law and deny the Veteran's claim. In many cases Veterans have had to fight this kind of injustice all the way to the Court of Veterans Appeals (COVA), which typically takes years. COVA cases that have already clarified and corrected these mishandled claims should have served to prevent these same mistakes from repeating with other Veteran's claims but sadly it continues to occur on a regular basis. A common error among many VBA Claims Adjudicators is when a Veteran files a claim based upon the "presumptive" provision in the law (e.g. GWI), yet the Claims Adjudicator processes the claim as if the Veteran is requesting direct service-connection for the illness. There is a clear difference between an illness or injury that is directly related to military service versus an illness that is supposed to be treated as "presumptive" under the law. I have assisted quite a few Veterans in reopening their claims because of this common error made by VBA. Some of these cases go back as far as 1998, while others are more recent. Currently the "presumptive" period for GWI is set to expire on December 31, 2011. In order to be considered "presumptive" for GWI the Veteran must show signs and symptoms of one or more of the conditions listed in the law for a continuous period of six months or more, and be severe enough to warrant a disability rating of ten percent (10%) or greater. A Persian Gulf War Veteran came to me not long ago asking for help with his claim for CFS which had recently been denied by VBA. The Veteran had not been able to work for the past three years because of his CFS yet had already been approved for Social Security Disability compensation. Nevertheless, the VBA Claims Adjudicator denied the Veteran's claim. The reason for denial? The Claims Adjudicator stated that the CFS had to have started while the Veteran was still in the service. The Claims Adjudicator clearly failed to follow the law on this Veterans claim. It's simple; if a Persian Gulf War Veteran has FM, CFS, and/or IBS and it meets the 10% rating level, the law states it is presumed to be related to the Veteran's service in the Persian Gulf War and that the Veteran is to be awarded service connected for the illness. GWI claims are not hard to do if the VBA would get the Claims Adjudicators to follow the law correctly and to get past their own personal feelings and bias concerning GWI. I have worked with hundreds of Persian Gulf War Veterans this past year and I have seen many injustices perpetrated on these American patriots. Some of the time the injustices result from a Claims Adjudicator's personal bias, and other times the denial results from a lack of training on the part of VBA. Sadly, when new Claims Adjudicators come aboard VBA, very often they are trained by more tenured Claims Adjudicators who themselves are uniformed as to the most recent provisions of the law concerning presumptive conditions for Persian Gulf War Veterans. Persian Gulf War Veterans are tired of fighting! First and foremost we want our health back. Secondly, we want Claims Adjudicators at the VBA to do their jobs right the first time around. We want VBA to assign specific Claims Adjudicators to handle claims involving GWIs so that all of these Veterans are treated fairly and consistently. Last year Secretary of Veterans Affairs Eric Shinseki made a promise to reopen all of the Gulf War Illness claims that had previously been denied in order to ensure that none of these Veterans are disenfranchised. Then, just one month later the VA's Chief of Staff, John R. Gingrich told a group of Persian Gulf Veterans that the VA cannot reopen claims on their own accord. Mr. Gingrich clarified that it is the Veteran's responsibility to request that their claim be reopened, not the VA. I would like to ask the Secretary why it is that the VA is currently reopening Agent Orange claims on their own initiative, yet they say that they can't do the same for Gulf War Illness claims? Mr. Secretary; your promise to Persian Gulf War Veterans is now beginning to look like just another in a series of broken promises that VA has made to Persian Gulf War Veterans over the last several years. And how much longer will we have to fight to get VA physicians on staff who are properly trained to recognize the conditions and symptoms that are by law to be considered related to service in the Persian Gulf War? Instead of VA physicians who dismiss these symptoms as psychosomatic, as happens so often in the Tampa, Florida and Fayetteville, North Carolina VA Medical Centers, let's get physicians in there who understand what Gulf War Illnesses are, and what Congress has directed them to do for Veterans suffering from these debilitating conditions. James A. Bunker Executive Director National Gulf War Resource Center 2611 SW 17th Street Topeka, KS 66604 Toll free 866-531-7183 begin_of_the_skype_highlighting 866-531-7183 end_of_the_skype_highlighting WWW.NGWRC.ORG

Gulf War Veterans Medical Alert: Inflammatory Bowel Diseases Increase Risk of Blood Clots http://www.veteranst...of-blood-clots/

*****************THIS IS POSTED TO PASS ON INFORMATION******************* Clear and Unmistakable Error (CUE) Introduction This topic contains general information on CUE per 38 CFR 3.105(a), including · the definition of the term clear and unmistakable error · the provisions of 38 CFR 3.105(a) · the determination requirements · identifying a CUE · handling allegations of CUE · determining a case of CUE · handling decisions made by Rating Veterans Service Representatives (RVSRs) · applying the benefit-of-the-doubt rule · revising prior decisions, and · approval of ratings prepared under 38 CFR 3.101(a). Change Date December 29, 2007 a. Definition: Clear and Unmistakable Error A clear and unmistakable error (CUE) is an error that is undebatable in that a reasonable mind can only conclude that the original decision was fatally flawed at the time it was made. b. Provisions of 38 CFR 3.105(a) 38 CFR 3.105(a) provides that if clear and unmistakable error is established in a previous rating determination, then the · prior decision is reversed or amended, and · effect is the same as if the corrected decision had been made on the date of the reversed decision. Continued on next page 7. Clear and Unmistakable Error (CUE), Continued c. Determination Requirements A CUE determination must be based on the record and the law that existed at the time of the prior decision. In a valid claim of CUE, the claimant must assert more than a disagreement as to how the facts were weighed or evaluated. There must have been an error in prior adjudication of the claim. Example: A new medical diagnosis that corrects an earlier diagnosis ruled in a previous rating would not be considered an error in the previous adjudication of the claim. d. Identifying a CUE A CUE exists if · there is an error that is undebatable so that it can be said that reasonable minds could only conclude that the previous decision was fatally flawed at the time it was made · Department of Veterans Affairs (VA) failed to follow a procedural directive that involved a substantive rule · VA overlooked material facts of record, or · VA failed to apply or incorrectly applied the appropriate laws or regulations. Note: If the claimant contends that VA's failure to follow a procedural directive determined the outcome of the claim, contact the Compensation and Pension (C&P) Service for advice on any rule-making arguments that may have been advanced. References: For more information on · CUE, see 38 CFR 3.105(a) · potential errors in following procedures, see Allin v. Brown, 6 Vet. App. 207 (1994), and · CUEs based on VA's constructive notice of medical records, see - VAOPGCPREC 12-95, and - M21-1MR, Part III, Subpart iv, 1.3. Continued on next page 7. Clear and Unmistakable Error (CUE), Continued e. Handling Allegations of CUE Determine the precise nature of the claim when CUE is alleged. Regional offices (ROs) or the Board of Veterans' Appeals (BVA) will deny claims of CUE if the claimants do not specify the factual or legal errors at issue. A claimant is not entitled to raise a particular claim of CUE again once there has been a final decision denying that same CUE claim. If the CUE alleged is different from a CUE issue previously rejected, a rating is needed to determine whether or not a CUE was made on the new issue. f. Determining a Case of CUE When determining whether there is a CUE · consider the - law that existed at the time of the prior decision, and - full record that was before the rating activity at the time of the prior decision, and · determine whether the error would have by necessity changed the original rating decision. Note: Errors that would not have changed the outcome are harmless and the previous decisions do not need to be revised. g. Handling Decisions Made by RVSRs Decisions based on the judgment of the RVSR, such as the weight given to the evidence, cannot be reversed on the basis of CUE unless the decision is the result of misapplication of directives, laws, or regulations. Continued on next page 7. Clear and Unmistakable Error (CUE), Continued h. Applying the Benefit-of-the-Doubt Rule The benefit-of-the doubt rule of 38 U.S.C. 5107(b) is not applicable to a CUE determination since · an error either undebatably exists, or · there was no error within the meaning of 38 CFR 3.105(a). Reference: For more information on applying the benefit-of-the-doubt rule, see · Russell v. Principi, 3 Vet. App. 310 (1992) · 38 CFR 3.105(a), and · 38 U.S.C. 5107(b).

http://www.armytimes...e-sale-021711w/

http://www.poughkeep...ran-on-benefits

http://armytimes.va....Setup=armytimes Go to page 16 in the middle.