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Statement of the case, depressive disorder

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Bernard

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The VA based their decision on notification received in July 2019 from QTC medical services contractor that I did not attend the C&P examination in connection with my appeal. QTC has now received the C&P examination report from the contract Doctor that I did attend the C&P examination. The VA has yet to request the  C&P examination report from QTC. Would this be considered a CUE.

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Call  IRIS and complain if they don't.

YES IF IT WILL CHANGE THE OUTCOME OF YOUR CLAIM  THEN IT CAN BE CUE.

they should expedite this asap (JMO)

CHECK OUT MS BERTA CUE REGULATIONS SHE POSTED HERE ON HADIT  THE POWER OF 38-4-6

https://hadit.com/power-38-cfr-4--6/

 

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I cannot say if this is a CUE but I can say this is a case for a supplemental appeal.  I would request the VA to get the exam and re-rate you.  This falls under 38 CFR 3.156, new and material evidence and 38 CFR 21.3102, duty to assist.  The VA dropped the ball and now you are paying for it.  This is not right but the VA most likely will not correct your rating if you do not apply.

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