Cue Question

[PintoRacer]

Does the VA apply the same stringent definition to itself when using CUE to reduce an award?

Specifically the requirement to use the records that existed at the time of the CUE or can they use new evidence from a recent exam under 3.105(e).

I understand a new exam can be used to sever service connection under 3.105(d) if a doctor certifies the initial diagnosis was not correct.

Any info helps.

Thanks

[PintoRacer]

I used the already existing medical and lay evidence with in my C-file, that was before the RO at the time of prior decision, and was sufficent to grant by analogy the original 40% award. (ie. No NEW evidence is allowed for CUE). The proposed reduction tried to use a new medical determination, based on Wikipedia, and a new exam to call CUE on the prior award. This is not allowed per the M21 Rules for Determining a CUE. The RO stated today, that after further review, they were vacating the proposed reduction as it did not "clearly rise to the level of CUE". He didn't provide details and I didn't quiz him on the specifics, I did however thank him for personally calling me and informing me of the decision. It made my day.

So I would have to YES, The VA does apply the same stringent definition of CUE to itself when using CUE to reduce an award.

Edited November 6, 2014 by PintoRacer

[Navy04]

Great news bud, glad to see someone win a battle. There doesn't seem to be many success stories on here these days.