CUE (NO WAY!)

[FaithIsAChoice]

Hello Everyone:

I found this site a few months ago and have been reading.  I finally bit the bullet to sign on.

I would like to ask @Berta and @broncovet if VARO from the VA Regional Office could give medical opinions in the decision letters?

 

I received a decision letter that specifically stated, "The Veteran's private medical records from Dr. (name) shows a diagnosis of (disability) dated (date) "Therefore, it is the opinion of this reviewer that the Veterans (disability) is less likely than not (less than 50% probability) incurred in or caused by the injury or complaints during the service."

The nexus from the Dr. was more than likely.

Please I would appreciate any help with understanding this from the VARO stating the medical opinion.

Thank you in advance!

[pacmanx1]

This post ended I think around March 2020 and was recently picked up so it is kind of old.

Please keep in mind that a veteran loses the benefit of doubt if he/she files a CUE Claim.

The benefit of the doubt under 38 U.S.C. 5107(b) is not applicable to a CUE determination. The veteran would have to reopen the claim and go from there.

[Buck52]

pacmanx1

 This topic says ''CUE ''(NOWAY)'' SO I took that  as this veteran was wanting information oh how to fix what his  (Reviewer) or rater rep mention in the decision letter against his Dr. which is not a CUE.  and to help possibly fix this .....>by example If one negative medical opinion is a matter of record it would be the Veteran's responsibility to obtain a separate medical opinion supporting the service-connected claim to create equality in the evidence.

if he was denied?  then he has 1 year from the date of his decision letter to file his Notice of Disagreement and do the above mentioned.