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CUE and medical evidence.
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Berta
This point I made before bears repeating-----
A valid CUE rests on established medical evidence- meaning the medical evidence must have been in VA's possession at time of the alleged decision holding potential CUE.
And another point- some one- forget who- mentioned they received SSDI for the same SC disability they hve and were sttemmpting to file CUE for a better EED.
If they never advised VA of the SSDI award, and made sure they signed an authorization form for VA to get those records, the SSDI award is not going to provide them with a better EED.
Same as Voc Rehab- If the VA has stated that Voc Rehab is not feasible for you solely due to your SC diabilities, that is good evidence for TDIU, or 100% SC-
In that case the VA Should have those Voc Rehab records in their possession- because it does not matter where the VA's 'possession" of records lies but you might have to provide them with the actual documentation of the Voc Rehab denial because, as I learned the hard way, those records are not part of your medical records r your C file in many if not most cases, as Voc Rehab is a different VA department.
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Berta 3 posts
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Vync
And don't forget about VAOPGCPREC 12-95, May 10, 1995, Clear and Unmistakable Error - Constructive Notice of VA Medical Records (M21-1 Article ID: 554400000043583) “In Bell v Derwinski, 2 Vet. Ap
JKWilliamsSr
There was a recent decision about this pertaining to SMR's. Where it stated that regardless of when SMR's appear the effective date will be the original file date. In this decision you do not have
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