C&p Exam

[twshort]

I disagreed with the award of 10% cubital tunnel syndrome. The Louisville RO scheduled a C&P exam with a doctor at Huntington WV. The examiner did not have any of my files at the time of the exam and speculated that I had an additional injury to my arm/elbow I told him I was lifting a box of paper and from that time on the symptoms was continues and not off and on. Nowhere in my medical records documented a second injury. The entire exam he kept referencing a book when he examined me for my cubital tunnel syndrome. I was under the impression he did not know what the condition was. The first C&P the VA’s examiner disagreed with my condition being service connected but on the exam the examiner referenced moderate symptoms and not mild as with several private doctors that did and an IMO from Dr. Jerry Bush. The BVA awarded service connection. Now the RO sent me a SOC and has proposed severance of service connection due to CUE. Do I have to prove again of service connection or appeal to the BVA this incompetent examiner’s theory?

[carlie]

Welcome,

Hopefully others will chime in soon.

[mobie16r]

twshort, not enough infomation,what exactly did the SOC va sent you say?

mobie

[twshort]

Sorry for not responding in so long but I’ve been out of touch for a few months. The SOC 02-12-2012 stated proposed severance of service connection do to CUE. I sent a statement in support of claim after receiving this explaining what did not happen at the exam and the obvious qualifacations of thier examiner, my benefits have not been discontinued at the current rating, even the SOC stated This proposal will be final effective after a 60 day final notification period to you. I spoke with a rep at the 800 number in May she advised that my appeal had been forwarded to BVA but has not been assigned a docket number yet. I guess the RO had finally read the examiner's report. I'll wait and see what happens.

[carlie]

Sorry for not responding in so long but I’ve been out of touch for a few months.

The SOC 02-12-2012 stated proposed severance of service connection do to CUE.

I sent a statement in support of claim after receiving this explaining what did not happen at the exam

and the obvious qualifacations of thier examiner,

my benefits have not been discontinued at the current rating,

even the SOC stated This proposal will be final effective after a 60 day final notification period to you.

I spoke with a rep at the 800 number in May she advised that my appeal had been forwarded to BVA but

has not been assigned a docket number yet.

I guess the RO had finally read the examiner's report. I'll wait and see what happens.

1) What exactly does the SOC state to support the "proposed severance of service connection do to CUE"?

2) Did you request a hearing be scheduled prior to any further action being taken in regards to severance of

this issue.

If VA has full legal rationale for severance due to a CUE on the original grant -

then I don't know if you even have any additional avenues to pursue further due process, on this issue.

3) My guess is that VA will continue to proceed and take action to sever the benefit in question.

JMHO

[twshort]

The SOC doesnt state anything to support CUE, it states "It is proposed to sever service connection for cubital tunnell syndrome due to clear and unmistakable error. Thats it

Edited June 18, 2012 by twshort

[john999]

When the VA proposes to sever SC they should state a reason beyond just saying they made a CUE. When it gets to BVA they have to break it down especially if you have a decent representative that writes you a strong brief. With my own CUE I never got a real reason for dening my CUE until I got to BVA. The thing is the burden of the CUE is on the VA. It is a heavy burden. Clear and unmistakable error is CUE.