CUE or NOD

[AgentOrangeWife]

Hello,

FIrst time post:

Can anyone tell me if a rating reduction (from 100 to 60% for a service-connected disability) done without a reexamination is a CUE or a NOD? Less than 5-years rated. Here is a BVA case which parallels my husbands exact situation (citation 1428283).

Thanks for this really helpful website!!

A/O Wife

Edited March 13, 2017 by AgentOrangeWife

[MikeR]

It looks like one person wrote it, and another commented.

[AgentOrangeWife]

16 minutes ago, Berta said:

"He did have an IME dated Nov 2016 which is included in the 2 evidence items as my "statement" dated Nov 2016.

IME said "deteriorated" with open order for stent/angio etc." I will upload this in a bit.

 Yes, they called it "treatment notes". Yep, the open orders for angio/stent are called "treatment notes".

When did he last have an ECHO? After the Jan 2017 MI.

Do you have a copy of it's results or at least the ejection fraction and date of that ECHO? 35-40 after the Jan 2017 MI. After lengthy therapy, he had an EF of 55% in Dec 2016.

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Here are some earlier uploads:

apply for heart increase.pdf

10to100to60 decision letter.pdf

Medical Opinion.docx

 

[AgentOrangeWife]

6 minutes ago, MikeR said:

It looks like one person wrote it, and another commented.

OMG there are 2 of them in cahoots on this?!

No signature etc etc - not a very probative addendum (in my humble opinion). I'm almost certain that this would get tossed if a reasonable mind had to consider it as legal evidence.

[MikeR]

Had to be, but it may be that one was reviewing the work of the other less senior person. Perhaps a QA reviewer. Happens all the time in Government.

[Berta]

I think you misunderstood what I meant by IME-

An IME (Independent Medial Exam or evaluation) follows the criteria for IMOs/IMEs at hadit and is performed by a Non VA doctor with expertise in the field of disability.

What you attached is not an IME.So no potential CUE basis there.

[AgentOrangeWife]

1 hour ago, Berta said:

 

I think you misunderstood what I meant by IME-

An IME (Independent Medial Exam or evaluation) follows the criteria for IMOs/IMEs at hadit and is performed by a Non VA doctor with expertise in the field of disability.

I searched hadit for "IME criteria" and came up with 134 hits so I'm attaching the exam/treatment notes with medical orders from the private doctor who is a known expert witness, has 8 years history with veteran, directs the local cath lab:

exam with medical orders.pdf

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What you attached is not an IME.So no potential CUE basis there.

What about here:

Is this a proper form and verbage for a cue..pdf

 

Edited April 11, 2017 by AgentOrangeWife