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Nod Or Cue


CKHodges

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Good morning all,

This is my first post so my concept of VA policies may be very much askew from reality. I currently have an appeal (submitted Jan 2014) in from my discharge claim of Oct 2011 for my 10% service connected skin condition. I believe I have discovered a clear and unmistakable error (CUE) in the original rating decision. In short summary my skin condition has required me to take several oral medicines to include those outlined in CFR 4.118 (systemic therapy such as corticosteroids or immunosuppressive drugs for the past 12 month period). I have taken these medicines for at least ten years while on active duty and have continued with those medicines since my discharge. My military and now private medical records can clearly show this. My original rating of 10% should be at 60% based upon the rating schedule and my continued use of these drugs within the past 12 month period (actually many years). With that said should I wait for the lengthy appeal process...or submit a CUE? Thanks in advance for your response.

Chris

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Good morning all,

This is my first post so my concept of VA policies may be very much askew from reality. I currently have an appeal (submitted Jan 2014) in from my discharge claim of Oct 2011 for my 10% service connected skin condition. I believe I have discovered a clear and unmistakable error (CUE) in the original rating decision. In short summary my skin condition has required me to take several oral medicines to include those outlined in CFR 4.118 (systemic therapy such as corticosteroids or immunosuppressive drugs for the past 12 month period). I have taken these medicines for at least ten years while on active duty and have continued with those medicines since my discharge. My military and now private medical records can clearly show this. My original rating of 10% should be at 60% based upon the rating schedule and my continued use of these drugs within the past 12 month period. With that said should I wait for the lengthy appeal process...or submit a CUE?

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EVERYTHING is a lenghty process at VA. No shortcuts, unfortunately.

Since it sounds like you have already appealed, timely, that is you best choice. Reason: The "bar" for CUE is higher than for a traditional appeal. Cue requires you meet an "undebateable" standard of review, while an appeal gives you the "benefit of the doubt".

The main reason for CUE is if you did NOT timely appeal. However, sometimes, as Berta pointed out, you can ask the VA to cue themselves, BUT you still want to timely appeal if your one year deadline is approaching.

Dont make things harder for yourself with CUE unless there is no alternative, and filing a Nod is a good alternative.

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