CUE or just leave it?

[Freddiethornton423]

I know I've been asking a lot of questions lately, but before I move out of country, I just want to have loose ends tied up.

I was granted non-service pension 100% and housebound after my first VA experience and C&P in 2010. In 2014, my service records and Cfile were examined thoroughly and the doctor wrote like a 5 page reason as to why I was service connected.

The importance of this post is that I got SSD in late 2012, and the VA slapped me with a $34,000 debt because I had been paid non service pension since 2010 at a higher rate than I should have with back pay from SSD. 

Now that I've reviewed my service connected raters notes, and how detailed they were regarding service records, prior treatments before 2010 when I filed for VA benefits, and my CFile, I am beginning to think my first eater did not follow any protocol.

As I said, my last eater who granted me service connection documented it well.

This is the only sentence in my first claim to the VA from the first C&P examiner. "There was no CFile to review on this patient at the time of exam."

Hell, I had like 9 conditions, one of which I'm service connected for now based off of my service records amd prior treatment facilities before the VA.

Is this a CUE or just a lazy rater?

The report of my C&P listed below are regarding my entitlement to ANY Va rewards, which happened to be non service connected even though my current service connected is listed.

Edited June 10, 2017 by Freddiethornton423

[broncovet]

My opinion, is that if you have documented "service connection", then you should resubmit this as new and material evidence 38 CFR 3.156 B or C.  Based on what you posted, I see no reason to make it harder for yourself trying to prove CUE, as the "standard of Review" is much harder.  Instead, keep the lower standard of review and submit new evidence refuting the decison.  

VA may not have had that evidence in their possession at that time.  (likely).  They may have also HAD the applicable evidence but did not bother to read it.  To find out, order a copy of your Cfile and see for yourself.