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Vync

Cue Question Regarding C&p Exam Results

Question

Would this be grounds for a CUE?

In the 1990's, one of my C&P doctors used the "Review of medical records" section from the exam results to list subjective details of me explaining in first person point of view what got hurt, when, where, etc... This C&P doctor never documented reviewing any records of any kind (i.e. SMRs, C-file), but opined the conditions were not related to service.

Note: At the time, I had other exams from different doctors indicating they reviewed the records, even referring to specific details. They all opined in my favor.

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I don't think it would be a CUE because you would be asking the VA to reweigh the evidence. It is an unfair decision that is for sure. It is a fine line. The VA says no matter how unfair a decision it is not a CUE.

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Would this be grounds for a CUE?

In the 1990's, one of my C&P doctors used the "Review of medical records" section from the exam results to list subjective details of me explaining in first person point of view what got hurt, when, where, etc... This C&P doctor never documented reviewing any records of any kind (i.e. SMRs, C-file), but opined the conditions were not related to service.

Note: At the time, I had other exams from different doctors indicating they reviewed the records, even referring to specific details. They all opined in my favor.

Vync,

Many C&P examinations do not require a review of the medical records.

The above situation would not be grounds for a cue claim.

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Vync,

Many C&P examinations do not require a review of the medical records.

The above situation would not be grounds for a cue claim.

In my case-deliberately failing to include medical evidence that would have warranted me a doubling of my rating. I had to do the VA's job for them as I want the extra money-therefore a request for a re-consideration which actually is a CUE was submitted. A note from the development team "CUE 30-60% confirmed this.

More likely the VA doesn't expect Veterans to know how to appeal the initial decision. They expect to the Veterans to just take what is given them and be happy!

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In my case-deliberately failing to include medical evidence that would have warranted me a doubling of my rating. I had to do the VA's job for them as I want the extra money-therefore a request for a re-consideration which actually is a CUE was submitted. A note from the development team "CUE 30-60% confirmed this.

More likely the VA doesn't expect Veterans to know how to appeal the initial decision. They expect to the Veterans to just take what is given them and be happy!

CB,

No Way.

A reconsideration is not a CUE.

With a reconsideration you need to submit additional evidence.

A CUE can ONLY consider the information and evidence at the

time the decision was made.

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There is no federal regulation covering c and P exams. There are procedures. A Cue is an attack on a final decision. It must be a legal error like a mis -application of the regs.

J

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