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Cue Claim And Claim For Secondary Condition


john999

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  • HadIt.com Elder

I called the VA today regarding a claim for arterioscelorisis secondary to DMII. I already had a CUE claim and a claim for ED. The VA phone guy told me they would probably wait and rate all three claims together. That does not really make sense to me since the CUE is based on the record of 35 years ago and in no way is going to generate a C&P exam whereas the other two conditions may generate C&P exams. I expect the CUE to come whizzing back at me with "denied" written all over it. The other two claims I think the VA will have to at least give me an exam and look at the medical records since both conditions are common to DMII. If they wait and rate all three claims together this will take a long time.

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That is what they tried to tell me too John-

Rate the AO claim lumped in with the SMC CUEs I have -that didnt make sense to me either.The SMC CUEs have nothing to do with the AO claim, unless they award due to AO.

And they filed a Motion to re-open a CUE I had in 1998 at the BVA in August-that doesn't make sense to me at all-

my former vet rep -the only thing he ever said to me that made sense in 3 years -was that if the VARO awards SC death on the re-opened CUE, they have averted paying me under the Nehmer decision.They still would have to refund my offset but still he saw this would be to the financial benefit of the VA-

I think he was right- could this be what they are thinking in your case?

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They also told me the same thing. They also told me it was all about the claims folder and Adjuducating the active claims that are involved.

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