Cue Question Regarding C&p Exam Results

[Vync]

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.

[john999]

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.

[carlie]

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.

[COOL BREEZE]

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!

[carlie]

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.

[jbasser]

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

[COOL BREEZE]

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.

The missed medical information was re-submitted for the reconsideration claim. I elected do this vice a NOD as It is supposed to be quicker, and the same evidence was re-submitted as they failed to use this. This was concurred by the development team who agreed-left a note in my c-file file stating "CUE"-30-60 % per medical evidence, and also told them to rate me for the titantus as well. It was with the development team for 1 month before going to the rating board. Now all I need to do is wait for them to rate this-then I can submit the next batch of new claims.