[Question On Cue]

I'm afraid my appeal time has lapsed since my last denial. I would like nothing better than to have that question answered but I can not get an answer from anyone. That is why I am considering a CUE claim, only a change in diagnosis is not a basis for CUE, at least the way I read the rules for CUE

I was kind of hoping by claiming CUE that they failed to follow statutory and regulatory provisions extant at the time when a Claims officer at the VARO (AOJ) intergected his own unsubstantiated opinion that a C&P examiner had changed the diagnosis might be a way around this rule concerning a change of diagnosis.

Thanks for the reply, I hope their are more to come.

Rockhound

[Hearing At Varo ?]

The VA continues to denie my claim for a psychiatric disorder. Saying that the psychiatric disorder was alternatively diagnosed as a personality disorder. I have read and re-read my claims file and the original C&P exam report, that the VA says the C&P examiner changed the diagnosis.

I don't see it or read anything that would lead me to believe, that a change in diagnosis was stated in this report or anything other than the unsubstantiated statement to the change by the claims officer at the time.

How can I, If it is even possible, get a hearing with a claims officer, to get them to show me where the change in diagnosis occured and how it was supported by what the C&P eaminer stated in his report and/or findings?

Thanks, Rockhound

[Question On Cue]

I am needing anyone opinion on whether or not CUE can be shown, given that statutory and regulatory provisions extant at the time were not abhered to when a Claims officer at the VARO (AOJ) intergected his own unsubstantiated opinion that a C&P examiner had changed the diagnosis of a psychiatric nature, which was a disease subject to service connection and which was the reason for discharge from the service ,to that of a personality disorder, inadequate type, which is not a disease subject to service connection.

What I think I am saying is that the C&P examiner makes no reference that his diagnosis of a personality disorder, inadequate type is a change in the prior diagnosis of the psychiatric nature. The only mention of the psychiatric diagnosis, was that he could not fully support that diagnosis. the answer being ambiguous at best

I do not have any money for an independent evaluation of my medical history, so don't bother telling me to get one. I have no resources to draw from and i will not resort to theft. LOL

Thank, Rockhound