Currently I am working on a claim for submission, however, it appears that the two claims may be so inextricably intertwind that I can not submit one with the other. One claim is to SC a cerebral concussion/TBI and it's residuals, but by doing so it would rebutt a previous decision where by the VA used PD diagnosis to find a previous psychiactric disorder diagnosis in error and replacing with the PD and then denying the claim.
This involves either the VA calling cue on themselves, which I don't believe they will do, or for me to pursue the error myself. This error occured back in 1974 and I do not want to possibly mess with anything that would be in the way of an EED on the psychiatric disorder.
To present the SC of the cerebral concussion/TBI and its residuals, there appears to be no way not to bring attention to the prior error. This brings me to my question, "do I submit them both in the same claim or do I seperate the error part in a CUE claim, for which I can not use any of the current evidence without loosing the EED, but in the same turn, I might loose the CUE claim with the evidence I had back in 1974.
Your help, suggestions, and comments are appreciated.
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Rockhound
Currently I am working on a claim for submission, however, it appears that the two claims may be so inextricably intertwind that I can not submit one with the other. One claim is to SC a cerebral concussion/TBI and it's residuals, but by doing so it would rebutt a previous decision where by the VA used PD diagnosis to find a previous psychiactric disorder diagnosis in error and replacing with the PD and then denying the claim.
This involves either the VA calling cue on themselves, which I don't believe they will do, or for me to pursue the error myself. This error occured back in 1974 and I do not want to possibly mess with anything that would be in the way of an EED on the psychiatric disorder.
To present the SC of the cerebral concussion/TBI and its residuals, there appears to be no way not to bring attention to the prior error. This brings me to my question, "do I submit them both in the same claim or do I seperate the error part in a CUE claim, for which I can not use any of the current evidence without loosing the EED, but in the same turn, I might loose the CUE claim with the evidence I had back in 1974.
Your help, suggestions, and comments are appreciated.
Rockhound Rider
Are you a paranoid schizophrenic
if the ones you think are out to
get you, really are?
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