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Berta, One More Cue Question.
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Guest Morgan
Berta,
I beg your patience with another question about CUE. I did read your blog and the VA info, but I'm confused about a CUE I working on. I think the VA failed to apply the higher of two evaluations, but that gets really close to saying they didn't interpret or weigh the medical evidence right, which of course is not grounds for a CUE.
This condition had been treated for 25 years before the C&P exam. In 2000, the decision awarding the lower rating quoted the C&P examiner indicating “chronic venous stasis changes in the distal extremities with hyperpigmentation at the distal tibia with loss of hair.”
I think the VA failed to apply the higher of two evaluations, the key being the undebatable difference between “chronic” and “beginning.” Both persistent edema and stasis pigmentation are prerequisite for the higher rating, while only persistent edema is prerequisite for the lower rating; therefore, by law, I think the higher level should have been applied, especially with quoting the examiner’s precise "chronic" language. The VA concedes the persistent edema with the lower rating.
Is this a CUE?
Carrie
Edited by MorganLink to comment
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