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38 CFR in previous years

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Atlcocky

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Hello Veterans,

I have been looking for the 1996 version of the 38 CFR, especially Book C. I am trying to research whether or not I have a valid CUE claim. The original decision was in 1996 and I need to find out the rules at the time of my denial. I have looked online but, maybe I am not very good at the search.

 

Thank you for your help

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  • HadIt.com Elder

Roger That Atlcocky!!!

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  • HadIt.com Elder

 You may already know this   just throwing it out there.

CUE WARNING:

A veteran can only claim CUE one time for each decision. This means that if a claimant files a CUE claim and the VA finds that the claim does not contain the required level of detail, that CUE claim is lost forever. For this reason, claimants who believe that they have a possible CUE claim are strongly urged to seek advice from a VSO, registered agent, or experienced attorney.

Errors that cannot constitute CUE, pursuant to 38 C.F.R. sections 20.1403(d) and (e), include:

(1)   a changed diagnosis, where a "new medical diagnosis . . . 'corrects' an earlier diagnosis considered in a Board decision;"

(2)   VA's failure to comply with the duty to assist;

(3)   a "disagreement as to how the facts were weighed;" and

(4)   a subsequent change in interpretation of the statute or regulation that was applied in the Board decision.

 

Edited by Buck52
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  • HadIt.com Elder

I filed a CUE on a 1973 rating decision.  The VA regs changed from the time I filed the claim in 1972 until I got the decision in 1973.  The BVA did not catch it, nor did Court of Vet Appeals right up until it was on the dock for a decision then it was remanded back to the BVA.  This took an extra year.  Then because I could neither prove or disprove that the VA had considered all the evidence in my claim I lost.  Old CUE claims are a real battle because the VA knows it will cost them big money.  However, if you have the evidence as Berta says then go for it.

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Ok. What I am trying to find out is the "heart condition" denial.."...slight cardiac enlargement on chest xray." First, it was an Echo that diagnosed the heart enlargement. Second, my understanding is that any enlargement of the heart is a 30% rating regardless of how much the enlargement. Code 7007: Workload of greater than 5 METS but not greater than 7 METS results in dyspnea, fatigue, angina, dizziness or syncope, OR; evidence of cardiac hypertrophy or dilatation on electrocardium, echocardiogram, or xray.....30%. 

 

§4.100 Application of the evaluation criteria for diagnostic codes 7000–7007, 7011, and 7015–7020.

This does state that a MET testing will need to be done, even if you have the echo data. They did not do that testing back in 1996. That is why I wanted to know the rules that were in place back then. Maybe, that rule was not in place in 96.

I believe that if the VA would have applied the rule correctly, they would have either granted the 30% rating or if further testing was needed, they should have scheduled the test. 

Now, If CUE is not applicable, what should be my next step?

 

 

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1 hour ago, Buck52 said:

 You may already know this   just throwing it out there.

CUE WARNING:

A veteran can only claim CUE one time for each decision. This means that if a claimant files a CUE claim and the VA finds that the claim does not contain the required level of detail, that CUE claim is lost forever. For this reason, claimants who believe that they have a possible CUE claim are strongly urged to seek advice from a VSO, registered agent, or experienced attorney.

Errors that cannot constitute CUE, pursuant to 38 C.F.R. sections 20.1403(d) and (e), include:

(1)   a changed diagnosis, where a "new medical diagnosis . . . 'corrects' an earlier diagnosis considered in a Board decision;"

(2)   VA's failure to comply with the duty to assist;

(3)   a "disagreement as to how the facts were weighed;" and

(4)   a subsequent change in interpretation of the statute or regulation that was applied in the Board decision.

 

Yes sir Buck, I know that rule. I will only proceed if the case is strong.

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