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Would This Be A Cue?
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justrluk
If I've had this answered before, please forgive me. If my STRs are missing and the VA made a decision based on their assumption that a condition was pre-existing when it was not (they mention in the decision the lack of STRs) that would have changed the rating at the time, would this be a CUE?
EDIT: I may have answered my own question. After scouring the BVA site, it appears as though most cases are remanded to the RO to have them look (again) for the missing records (mine has done this and stated so in the SOC). I love this part:
"Regrettably, the Board must remand the claims...."
If the continued search for the records would be considered futile, they request another exam (why, I have no idea - if the condition did not pre-exist service) and re-evaluate the claim. Seems like an infinite loop to me...adding years to the process.
What I don't understand: how could an examiner determine if a condition did or did not exist prior to service from 30 years ago? I would think that the RO should see this simple fact - the existence of the initial entry exam - and the proof of service from that date in addition to the admitted lack of STRs as sufficient evidence to prove a CUE was commited.
Lastly, this issue is on appeal (DRO). Can a CUE be claimed on this, or do I have to wait until the appeal is resolved?
Edited by justrlukLink to comment
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