Berta

I need help with a CUE, (and deciding if it's worth filing or if we should just contact an attorney to file a NOD).  My husband filed disability for  1. Large Intestine Resection with moderate symptoms (7329)  &   2. Residual painful scarring; status post left hemicolectomy.  (7804).  We provided to them his IN SERVICE active duty surgical records showing the emergency surgery was performed due to an intestinal bleed. 

They issued their decision stating that "Service connection is denied since this condition neither occurred in nor was caused by service.  There is no objective evidence to support the claimed condition of intestinal bleeding or ulceration; There are no medical records to support the veteran's claimed colon removal.  Therefore it is less likely than not that the veteran's claimed colon removal was incurred in or caused by surgery while on active duty."  

We responded with "new and material evidence" sending ADDITIONAL medical service records which included the emergency admit records at Bethesda, the subsequent clinical medical notes and follow up treatment records and the lab records showing their examination of the 7 1/2" of removed colon.  We also sent color photographs with and without scale of the large abdominal scar and a Nexus statement from his current primary care physician stating that his current and ongoing symptoms are more likely than not a result of the prior surgical procedure.  

They responded back that the claim "remains denied because the evidence submitted is not new and relevant".???!!

Will a CUE help?  If so, is there a "form" we file it on or does it just get submitted on a 21-4138?  What do we need to put in the CUE to explain that they're idiots and clearly did NOT look at any of the medical records if they think he did not have a GI bleed and surgery?  I don't understand how/ why this can be denied when we have all the medical records showing it happened while he was on active duty?