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

[AgentOrangeWife]

2 hours ago, MikeR said:

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.

Even funnier is that there was no treadmill involved. It was a non-exercise stress test with an injection instead of treadmill/bike. Just a little detail but look at how the addenda gets hijacked by "treadmill".

[Berta]

This is my personal opinion-based on lots of experience .

I do not see a CUE here at all . If others here do they can advise on that.

Was the VA aware of the Jan 1017 MI ( I assume you mean myocardial infarction)?

Then again how could they know if the decision was made in Dec 2016, and the MI occurred in Jan 2017....that ECHO could be a basis for a reconsideration, but that will not stop the NOD one year deadline.

Did the VA have ALL private medical records when they made the December decision?

Also Gastone asked you the same question I am about to ask.

What have you done since getting the decision -as far as the VA goes?

I asked :

"Do you have a copy of it's results or at least the ejection fraction and date of that ECHO? "

You replied:

"35-40 after the Jan 2017 MI. After lengthy therapy, he had an EF of 55% in Dec 2016."

The ECHO is obvious proof that the rating might be wrong.

However, a reconsideration request should be filed ASAP using the ECHO results above,in my opinion....

and the VA needs ALL of the private medical records. Did they have all of them up to the 2017 ECHO they did not see or know of?

Much of the info here is confusing...the Private doc might need to prepare an IME but if he had a full blown heart attack (MI) in Jan 2017, a recon request could possibly cause them to do another C & P exam and it would be worth his while to make sure he attends it.

 

 

 

[Berta]

just to add -ejection factors on an ECHO result of 55 % or higher are considered normal, but between 35-40 is not a normal left ventricular function.

I know that because my husband's Ejection fraction after a ECHO was critical evidence for my malpractice claim.

[MikeR]

Mine was 41% EF in December and I contacted CCK to see if filing a secondary for that and Hypertension makes sense? I am 100% P&T for PTSD, and 60% SMC.

[AgentOrangeWife]

Berta-

Just got a quote from your favorite IMO doctor but it is completely unaffordable. Will go to plan b now.

[Berta]

Perhaps his private doctor would be willing to prepare a less costly IMO.

He would need all medical records available  and would need to follow the IME/IMO criteria here at hadit.