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Rater substituted his own opinion for the C&P Examiner's opinion
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Justaskpat
I have searched everywhere I can think of for an answer to this question.
I'm posting it under CUE because when I find the answer, it will assist me in writing my CUE.
Question: What is it called, and/or what is the violation when a rater substitutes his own opinion in place of the doctor's written opinion.
I was denied service connection for MDD/Anxiety, even though the C&P Examining Psych doc said in his opinion MDD was secondary to military service due to long deployments. The rater ignored the doctor's opinion, ignored I had been medicated for years, as shown in my SMRs, and was still medicated at the C&P. The rater cherry picked little things the doctor said to substantiate his own opinion/denial, quoted the diagnosis, then completely ignored the doctor's final statement/opinion.
Geekysquid told me long ago there was a term for what the rater did but before I got the answer, Geekyquid disappeared off Hadit and I've never been able to find out the answer anywhere else.
Thanks for your time.
PS This is Veteran's spouse in place of Veteran. I'm writing as the Veteran to make it less confusing. I'm trying to help get his CUEs together as he is unable to do so.
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Berta
ON July 23, 2019 I wrote a potential CUE claim for you here-in the older thread- It rested solely on violation of 38 CFR 4.6. Did you add anything to it and send it to the VA? This is the ma
Scottish_Knight
Can you cut and paste the part in the rating decision to which you are referring? Better would be the entire VA rating decision 'masking' your spouse's ID data. We'll be better able to assist by rea
Berta
Is this regarding your past posts here: https://community.hadit.com/topic/75117-could-my-cp-examiner-be-disqualified/ The VA granted 50% for Major Depressive Disorder ,in 2019, with an EED o
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