Cummulative Evidence V New And Material Evidence

[carlie]

Alright, I think vets should keep this in mind for CUE claims.

I see that very often VA does the deny, deny, deny thing.

Vets SMR's show injury, diagnosis and treatment.

After discharge medical records for years show injury, diagnosis and treatment

for the exact same medical problem.

C&P's - several show the same and provide a nexus for that disability

but it's still denied. Let's say all this has concerned 8100 Migraines.

25 years down the road this same vet goes for another C&P exam for 25 year old claim for a neck injury. Winds up VA still doesn't SC the neck injury BUT DOES pick up where C&P examiner provides the same info and nexus on migraines that has been reported for 25 years.

And now finally VA SC's these migraines from that C&P, stating vets claim for Migraines due to SC injury is re-opened and granted at 10 %. Then they list the evidence from that C&P. Isn't this cummulative evidence and not new & material

evidence. How should a vet that's fired their SO deal with this. Would Cueing the last unappealed decision that denied the Migraines be appropriate due to all of the prior evidence of record being adequate to establish entitlement to at least a minimum compensable rating under diagnostic code 8100?

Thanks for any input.

[Guest jstacy]

Carlie, I have been down that exact road. I have been denied SC for headaches since 1994. I did not appeal the decision. In 97, the service medical records were found and I found out about it. They still denied it and I immediatly filed a CUE. They gave me another C@P exam. The Examiner was astonsihed they had been denying this for so long and she direct Service connected it and also secondary service other headaches to a neck injury. My question to you is. Did the Examiner nexus the headaches to the Neck Injury? This may have a different outcome and be treated as new evidence. I believe a CUE would be in order because the VA failed to weigh the evidence properly and dismissed a medical opinion and rendered their own. Are they MD"S. They think they are. Go get them and take no prisoners. If you need help, I have your back. John

[carlie]

Hi John,

Thanks buddy, with a CUE claim you can NOT use anything having to do

with how the evidence is weighed, that is up to the sole discretion of the adjudicator and will never be a victory (at this point in time) for CUE.

What can be Cued is failure to consider all of the positive evidence submitted

on the claim when there is NO negative evidence.

I do so much appreciate your helping me. I've got it all right in my head sometimes and then I get overwhelmed and go in circles.

carlie

[Guest jstacy]

They can sau in a cue claim how the evidence is weighed is not a cue, however, if the evidence was there and not weighed like in my case, Then that is cue.