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CUE
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glenda h
Kinda tossing around if I actually have a CUE from a 2007 C&P. Back then your records wasnt on file so you didnt know what was in it and had to depend on what the rater stated. I got a copy of my Cfile recently and learned that the C&P I had, the examiner stated he did not have my VA records, nor the civilian Dr info I submitted. Yet in my cfile the civ info is date stamped by the VA mailroom. I had requested an increase in GERD from noncompensable given in 1998 to compensable to include the gastritis with H pylori again, something I had in service as well that was ignored in my initial exam. I was only approved for 10% for GERD with small hiatal hernia. Ive held this rating for over 12 years. I recently Jan 2019 had another ECG which noted erosive gastritis, no h pylori. and class C esophagitis, a medium size hiatal hernia. So I filed for an increase. Instead of increase, or just stay as it is, they made it Noncompensable effective the date of an ACE!. Again no mention of my gastritis. Did not even include on the form that I had a hiatal hernia. I had filed an initial claim for a different disability in Jan, the request for increase of GERD I completed 6 Mar. They stated online that they combined these claims together. The ACE done on 27 Mar. No notice was sent that they were going to reduce. I didnt know of this until I received my SOC 28 Aug. I do have an appeal for this last one at the BVA.
" Poor records mean poor defense, no records mean no defense"
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Here is the thing, at this point forget about a CUE claim. You state that you do have a current appeal at the BVA. Make sure you bring up any disagreements without mentioning a CUE claim. The appeal
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