CUE question (I asked this question in AMA)

[Miken2c74]

I have a question and I hope someone chimes in. After talking with DAV yesterday something rung in my ear and I chewed on it for a while actually it kept me up last night (which leads me to this question). The VSO stated that VA gave more probative weight to evidence received from one doctor's office (American Medical Center not a VARO or  government entity) over another because the one in question had access to my C_File and Virtual (VA Records). I know this to be a clear error because this doctor's office is a German doctor's office with English speaking receptionist and doctors, and pay local German taxes. The doctor's office is in business to cater to Americans living and working overseas in Germany and they process the German bills through the patients health insurance not VA. They do not have access to Veterans c-file (sometimes not even then) unless they have a VA initiated C&P exam. I have been to this doctor's office and the service is so lala, I used the medical files(with my personal STRs) from this office in my evidence when I went to the Orthopedic Surgeon and ask her if it was possible for her to perform a thorough exam of my feet and knees. So I believe that this was error in assumption because the name of the doctor's office rendered a out for a possible denial. Is this grounds for a CUE, I am really interested in you guys thoughts.

Edited September 20, 2019 by Miken2c74
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[Miken2c74]

Rather not use a CUE if I can figure a way around it. If I miss anything I am throwing about 100 grand out the window in one time.

[broncovet]

Your entire file would need to be reviewed to find a CUE, and that is possible, or even likely, since many claims contain CUE errors.    

However, you posted:

Quote

The VSO stated that VA gave more probative weight to evidence received from one doctor's office (American Medical Center not a VARO or  government entity) over another because the one in question had access to my C_File and Virtual (VA Records). 

Statements made by a VSO are not Cue.  Now, read the decision, and dont worry about what the VSO said or didnt say.  The VA is allowed to give more probative weight to one doctor vs another, but must give a reasons and bases for doing so.  And, one reason sometimes cited is that more weight is given to a doctors exam who stated he reviewed your records vs a doctor who did not review your records.  

See if the decision states that one doc's opinon is preferred over another.  And, the reasons why.  Strictly based on what you posted so far, I dont see a bases for CUE.  

Edited September 20, 2019 by broncovet

[Miken2c74]

Thanks @broncovet for your reply. Yeah I want to stay away from CUE unless I really really have to. Those things put a sour taste in a lot of people's mouth

[Miken2c74]

I am impatiently waiting on this letter

[GeekySquid]

16 hours ago, Miken2c74 said:

Yeah I want to stay away from CUE unless I really really have to. Those things put a sour taste in a lot of people's mouth

bronco is right in that what a VSO "said" is not CUE, it really has no weight or value what so ever in terms of how your claim results or what the VA actually is doing.

That said, I think his wording is a little broad when he says

16 hours ago, broncovet said:

Your entire file would need to be reviewed to find a CUE, and that is possible, or even likely, since many claims contain CUE errors.    

Your other claims may indeed contain CUE's on their own. But what you need to review is this specific claim and the evidence in your C-File that supports whatever your contention is. The DBQ, Doctors Notes and even the letter the VA sent requesting the exam (it contains instructions on how and what the doctor is to provide to the VA) along with the other STR's and medical records are what to focus on.

I believe, though i could be wrong, that bronco was just short-handing that.

As for CUE's leaving a sour taste, I am not sure I follow you. A CUE is a Clear and Unmistakable Error that takes little to no explanation to understand.

A difference in Doctors opinion is generally not a CUE. It would have to be something extreme Like one Dr  saying the "veterans legs work fine" and another saying "the veteran has no legs". Only one of those can be true and such an extreme medical opinion mistake would definitely be CUE eligible but a NOD would fix the problem.

CUE is a little different at the RO level than the BVA level, and yes some people have heartburn over technicalities involved with that, but that is about personalities not CUE's themselves.

If the mistake is so obvious that Ray Charles could see it, a CUE will be a shorter route. However if you have a complex issue, it may be the best strategy to treat an RO Level CUE the same as a BVA Level CUE and wait until it is the last resort. Which is interesting in that under the new AMA appeals process you can appeal straight to the BVA and skip a rehash by the RO. If you do that path, you lose the opportunity to CUE at the RO.

good luck and once you get the letter, if you still have concerns, redact your personal information and post it so others can chime in.

[Miken2c74]

WIll do