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.

[Berta]

When the VA corrects a rating or something in a past decision- it means they have called CUE on themselves-

Meaning they recognize that they made a clear and unmistakable error in a past decision.

"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"

GREAT ! sounds like you succeeded in getting the proper award-let's hope.....

[carlie]

CB,

I agree with Berta's post - apparently they called a CUE on themselves.

I still stand by my earlier post,

" 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."

[Vync]

CB,

I agree with Berta's post - apparently they called a CUE on themselves.

I still stand by my earlier post,

" 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."

If CB is successful with the CUE, would the VA automatically modify his EED or would it require submission of a CUE to backdate the EED?

[COOL BREEZE]

If CB is successful with the CUE, would the VA automatically modify his EED or would it require submission of a CUE to backdate the EED?

I don't understand your question?

[fbbdab]

Would this be grounds for a CUE claim?

In May 2008, I submittted a claim for hiatal hernia and asbestos exposure. The claim was denied in July 2009. I submitted a NOD with DRO election and they requested C&P exams in 2011, after they said I was a no-show but I never received the appointments. I FOIAed the exam documents and the doctors clearly stated that the hiatal hernia was service connected back to 1992 with severe GERDs and the asbestos exposure (pleural plaque on lungs) was "at least as likely as not " to be related and have occurred while in service. I am still waiting for a decision but in the event it comes back denied again , or even if it doesn't can I file a CUE ?

FBBDAB

"AIM HIGH"

[carlie]

If CB is successful with the CUE, would the VA automatically modify his EED or would it require submission of a CUE to backdate the EED?

In granting a claim of CUE the decision maker should adjudicate the EED

without the need to make an effective date claim on it.