Cue Question

[mssoup1]

You file a claim, then get an inadequate C & P exam. You get a copy of this C & P exam before a decision is made. You request another C & P exam, based on the first one being inadequate and you explain all the reasoning behind why you consider it inadequate. Well, apparently my letter for another C & P exam was not looked at because there was not a second one given. The decision was based on this inadequate exam. The RO should have received my letter in plenty of time before the decision came down.

Is this considered a CUE claim since no second exam was given? Or would you just file a NOD based on this inadequate exam?

Any help would be appreciated.

Thanks,

mssoup1

[Guest DON20906]

It's not CUE until there is a final, unappealed decision. You should file an NOD based on an inadequate exam.

quote name='mssoup1' date='May 4 2006, 11:23 AM' post='15885']

You file a claim, then get an inadequate C & P exam. You get a copy of this C & P exam before a decision is made. You request another C & P exam, based on the first one being inadequate and you explain all the reasoning behind why you consider it inadequate. Well, apparently my letter for another C & P exam was not looked at because there was not a second one given. The decision was based on this inadequate exam. The RO should have received my letter in plenty of time before the decision came down.

Is this considered a CUE claim since no second exam was given? Or would you just file a NOD based on this inadequate exam?

Any help would be appreciated.

Thanks,

mssoup1

[mssoup1]

Don,

Thanks for your reply. Makes sense.

mssoup1

[Berta]

Don is correct-

"you explain all the reasoning behind why you consider it inadequate"

It might help to read over ( and even copy and send this with your NOD if appropriate)-I just posted this regarding a question as to the c file being present at an exam-maybe it will help you-

38 CFR 3.303:

§3.303 Principles relating to service connection.

(a) General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran’s service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.