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Rebuttal letter

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Miken2c74

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Very well.  I do have a few comments on your letter which it is my desire to help.  

First, there is a regulation which permits you to amend your records in error.  It is here:

https://www.law.cornell.edu/cfr/text/38/1.579

I suggest you cite this regualtion to make corrections to your records, and follow this regulation TO THE LETTER.  

Secondly, you are apparently challenging the competency of the examiner.  This is good.  But read Chris Attig's opinion on challenge to said examiner:

https://www.attigsteel.com/va-advocacy-skills/va-medical-examiners-competence-presumption-rizzo/

Also, your letter has an error, that confuses me.  

In your letter, you wrote:

Quote

01/10/2000 should read 01/10/2000

These dates are the same, so it made me confused.  

Finally, I think this letter should be amended, as I and Chris Attig suggest, and put on a NOD form.  You could also try filing it as CUE, but I think you will ultimately need to file a NOD anyway before the year is up.  

I hope this helps.  

 

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