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Getting Va Med Docs Corrected

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autumn

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back in the early 90's and just prior, i recently found documentation of a service org filing a few claims for me. they were denied. not surprized. i didn't even know what a c-file was until a few years ago.

what i read, were a handful of medical statements from the VA that are flat incorrect, and i have documented evidence to support this too.

how does a veteran go about getting such documentation corrected, challenged or whatever one correctly calls such things?

tia

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>>Also, keep in mind that the decision makers can only go with what

medical evidence is of record at the time the decision is being made.

and what if the physical evaluation board at that time either (ignored or didn't have) medical evidence but that evidence was clearly in the mil med records?

>>If somewhere down the road some SMR's/STR's are discovered

and they weren't part of the prior adjudication, it would not mean to file

a claim for cue, you would file the claim under 38 CFR 3.156 c .

there are a few bulleted items there that i believe will apply to my particular case, though i'm just a laymen, we'll see what the pva can do with that stuff

is a cue filed to counter a mil med record error or a va med rec/decision error?

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hey ashleigh, well, i was discharged honorably under medical (back injury)

so maybe the item from that webpage, "Change physical disability separations", might apply.

i can't imagine at all, that the navy would admit the physical evaluation board at that time left a few things out, either knowingly or unknowningly. the things i speak about were clearly in my mil med records and other evidence was presented to them as transcripts show. just seems they ignored it...to me it does, though i'm the one with the illness & disability so i'm a bit biased.

thx

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is a cue filed to counter a mil med record error or a va med rec/decision error?

You only file for CUE on a final, unappealed decision.

CUE claims are only for legal errors, does not pertain to inaccurate

information from medical professional/s.

CUE claims can ONLY consider the evidence of record at the time

the prior decision was made.

Examples of situations that are not CUE include a new medical diagnosis that "corrects" an earlier diagnosis considered in a Board decision; the Secretary's failure to fulfill the duty to assist; and disagreement as to how the facts were weighed or evaluated. 38 C.F.R. § 20.1403(d) (2008). CUE does not include the otherwise correct application of a statute or regulation where, subsequent to the Board decision, there has been a change in the interpretation of the statute or regulation. 38 C.F.R. § 20.1403(e) (2008).

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You only file for CUE on a final, unappealed decision.

CUE claims are only for legal errors, does not pertain to inaccurate

information from medical professional/s.

CUE claims can ONLY consider the evidence of record at the time

the prior decision was made.

Examples of situations that are not CUE include a new medical diagnosis that "corrects" an earlier diagnosis considered in a Board decision; the Secretary's failure to fulfill the duty to assist; and disagreement as to how the facts were weighed or evaluated. 38 C.F.R. § 20.1403(d) (2008). CUE does not include the otherwise correct application of a statute or regulation where, subsequent to the Board decision, there has been a change in the interpretation of the statute or regulation. 38 C.F.R. § 20.1403(e) (2008).

then i'm good to go, thank you for your time & info, it is really helpful and appreciated!

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i'll pass this along to the PVA rep in case they do not know of this. thanx

I hope it helps! I'm sure you don't have an easy road ahead of you so good luck. If I find anything else that may help I'll let you know.

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