Evidence Considered In C&P Exam

[RBrogen]

Quick question:  If a rater references evidence in the "Evidence Considered" section of a rating decision letter and it is "used" in making a rating decision (e.g. if the rater obtained private doctor medical records), are they required to add those records to the C-File?

[Buck52]

(1) Claim must be a "closed claim" also known as a "final decision" for a CUE review.  The final decision must be from the VARO, Veterans Administration Regional Office, or the BVA, Board of Veterans Appeals and was never appealed, and

(2) either the correct facts were not before the adjudicator or the statutory or regulatory provisions in existence at the time were incorrectly applied; and

(3) the error is "undebatable;" and

(4) the error must make a difference in the outcome. In other words, a CUE is not a disagreement with a decision or an argument that VA got it wrong.

[RBrogen]

20 hours ago, GeekySquid said:

Any evidence or record that is in the possession of the va is in your c-file

Whether it is tabbed under the specific claim is a different story.

As is whether it makes it to the records management center to be included in our copy of the c-file

Thanks so much Buck!  I think my case might qualify for cue and meet all of those pre-reqs.  I'm going to post a draft and would love for you all to give me feedback on any aspect of it (approach, wording, formatting, evidence presentation etc.).

[GeekySquid]

1 hour ago, RBrogen said:

Thanks so much Buck! 

LOL. Buck has good ideas but you quoted me LOL.

[RBrogen]

2 hours ago, GeekySquid said:

LOL. Buck has good ideas but you quoted me LOL.

LOL with you 2 how can I quote wrong, you are both great!