Clear And Unmistakable Error

[foreveryoung]

HI

Can anyone tell me if this may meet the CUE requirements.

I had a claim reviewed and denied by the BVA in 1992 and left it drop.

After reviewing my medical records, which I didn't have at my hearing, I noticed some statements that were not referenced in the VBA decesion. I believe these statements when read tell the story. Anyway about 2-3 years ago I had a C&P exam by a VA Doctor. After showing the Doctor these same records, he concluded that I have been right all along and the VA did grant service connection. I fogot to mention that I also had my family Doctor review my reecords prior the the C&P exam and I showed the VA Doctor and he agreed.

So does this meet the burden, that when called to the attention of later reviewers compels the conclustion, to which reasonable minds could not differ, and the result would have manifestly different but for the error?

Thanks, Dave

[foreveryoung]

Thanks for all the information this is great.

I don't believe my claim for CUE would constitute Duty to Assist either, I through it was closer to 38 CFR 5107. The VA should have and maintain all records relating to my active service.

Can anyone tell me what diagnoses code Genitourinary system Dysfunctions might be? I can't find anything under 38 CFR 4.115a.

Thanks again, Dave

[carlie]

Hope this helps

The Genitourinary System

4.115 - Nephritis

4.115a - Ratings of the Genitourinary System - Dysfunction

4.115b - Ratings of the Genitourinary System - Diagnoses

In Diagnostic codes it runs from7500 thru 7542

Edited September 27, 2005 by carlie

[foreveryoung]

Thanks Carlie, I don't know how I miss it.

[Alex]

Dave ---

The court has held that VA does not have to cite everything in the record, but they have a duty to give "reasons and bases" for not dicussing to discount something favorable to the vet. And R & B failuires, or failure to mention a favorable opinionh, can never form a basism for CUE.

Alex

[foreveryoung]

Alex

Would it be Grave Procedural Error, or Grave Administrative Error? Is there a CFR that refers to the R & B failuires?

Dave

[Alex]

Dabe -- "Grave proedural9 error" has sort have gone 9off the books since the court in Cook said you can't use it to reopen a claim/ Failure of VA to read and aply its own 8regulations is just "plain erorr."

Alex