Cue: Never Received A C&p Exam?

[alphahec]

My wife put in a claim for ankle problems a few months ago, she has service records proving the accident during basic training, but she was never scheduled for a C&P examination. If this claim is denied should I file an appeal on the grounds of a CUE?

[john999]

I don't think not having a C&P is a CUE but I don't know how the VA can determine current level of disability without some evidence. It has not been long enough to even know if she will get the exam or not. The VA probably will examine her via a C&P if she has evidence of an injury in her SMR's. Has she been treated since she got out of the service?

[cowgirl]

Have you checked the current status of her claim? Do you have a Veteran Service Officer? I prefer to do an IRIS inquiry found on the VA website, that way I have a copy of what information they tell me. If you search around here, a CUE is difficult but not impossible, but needs a final rating if I recall. Took me awhile to get what a CUE is and I found other ways to correct my ratings. Looks like you are early in the claims process, so I assume your wife is getting current medical care for her ankle or you wouldn't have put in a claim. Thank her for her service.

Come back and let us know how it goes,

Cowgirl'up2009!

Hope that helps,

Cowgirl'up2009!

My wife put in a claim for ankle problems a few months ago, she has service records proving the accident during basic training, but she was never scheduled for a C&P examination. If this claim is denied should I file an appeal on the grounds of a CUE?

[Pete53]

Unless she got out less than a year ago no CUE norating.

You need to check into this ASAP

[kw34]

§3.326 Examinations.

For purposes of this section, the term examination includes periods of hospital observation when required by VA.

(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.

Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.

© Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination. (Authority: 38 U.S.C. 5107(a))

Edited July 23, 2009 by kw34

[Philip Rogers]

If it's only been a few months, since the claim was filed, why worry about it/ With claims taking 8-12 months, they probably just haven't scheduled one yet. First comes the VCAA letter.

pr

My wife put in a claim for ankle problems a few months ago, she has service records proving the accident during basic training, but she was never scheduled for a C&P examination. If this claim is denied should I file an appeal on the grounds of a CUE?