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Smr's Not Cited
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Vync
Hello everyone,
I was wondering if you guys and ladies can look over this situation and try and help answer a couple of questions.
Here's the situation
A soldier's SMR's indicate a very long history of receiving specialized medical treatment through the date they left active duty. Several years passed before the soldier had a C&P examination. After leaving active duty, the soldier could not afford the specialized treatment received while on active duty. The VA gives the soldier a low-ball rating based solely on the their observations during the exam.
Here are the questions:
1. In this situation, should the VA base the rating percentage on the evidence provided when the claim was originally filed, results of the C&P exam, or some combination of both?
2. How does one go about getting older versions of C&P exam guidelines and schedules of ratings for the last 20 years (or whatever may be available)?
3. If the VA C&P examiner did not annotate the details of specialized medical treatments noted in the SMR's, would that be grounds for a CUE to challenge the low-ball rating percentage?
Thanks
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