CUE Claim. Is this an example of Clear and Unmistakable Error

[Javalamp]

Hi,

I am new to this forum but from what I read here I am very gratful it exists.

So 6 months before I ETSed I submitted my 1st VA claim from the suggestion of my sergeant major. When I initiate the claim I was getting reoccuring calluses on both of my feet. The VA wrote down calluses as the actual symptom and they give me 0%. This was in 1998. Technically I have one medical record from February in 1998 stating I had pain and calluses on both feet and the actual c&p exam was done in July of 1998

 

Later in 1999 after further x-rays and tests at the VA they realize that I actually had pes plantus on both feet. Unfortunately for me I didn't submit that claim until 2012 when I understood how the VA system work. They granted me 30% for the pes plantus and they backed you to the effective date to 1998 because they changed the diagnostic code from calluses to pes plantus for that injury. They never changed the percentage rating and that's what I am posing in the CUE claim.

My concern is, the Doctor who evaluated me at the C&P did a bunch of tests on my shoulder and my neck where he found a C5 C6 degenerative disc and a nerve impingement. At the same time for the calluses all he did was basically state that I told him that I would shave them off periodically and never did any testing or any further investigation. He didn't do anything to address the underlying cause and there's no way of identifying how bad my calluses were between the time of 1998 and 1999. Is this a good grounds for submitting a cue case?

Basically I feel they could have asked for another C&P exam as there was no vasrd code for calluses at the time according to the decision and also they evaluated me on the incorrect code.  They changed it which shows they agree pes plantus was the underlying cause and calluses was just a symptom.

Edited August 21, 2018 by Javalamp