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Guest phubai70

Question

Guest phubai70

Could not afford IMO to support claim.

Subsequent claim denied without C&P exam.

Can they make a decision without any medical

evidence or do they have to provide a C&P

exam. Deadline for NOD has passed.

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Did they send you a proper VCAA Notice telling you what you needed to send them to support your claim?

If they denied without sending one, perhaps you could use that to re-open -in spite of fact that the NOD time has passed.

Can you tell us what the claim was for and how they worded the denial?

Did your medical records and/or SMRs fully support the claim?

Did you have a current diagnosis and current treatment records?

Something seems wrong here- not to get a C & P.

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Guest terrysturgis

phubai70, You have not been around for a while. E-mail me at terrys5069@charter.net. Seems like you said you live in GR. We should get together for lunch. Terry Sturgis

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As to question of CUE.

Providing a C&P exam falls under Duty to Assist.

Failure in Duty to Assist does not provide a basis for CUE,

under CUE guidelines.

Cue is based on statutory and regulatory error of law

and failure to follow schedule of disability ratings.

JMHO,

carlie

Edited by carlie (see edit history)
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