Rater substituted his own opinion for the C&P Examiner's opinion

[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.

[Berta]

It takes a lot of time to read the past thread and downloads-

There were multiple DBQs received by the VA in January 2019, also Evidence received from Jordan Young Institute regarding July 2018 to December 2018.

Also an additional Doctor's statement and what appears to be a Buddy statement.

I cannot determine what evidence they used for the claims they listed.

Obviously some of the probative evidence is dated after the 2011 denied claim.so they had it but not at time of the alleged CUE decision.

CUE rests on what they knew and had evidence of ,at time of the decision being cued.

It seemed to me also that his discharge certificate did not mention the depression/anxiety that is noted in his SMRs.

 

 

 

 

 

[Fat]

I agree its highly probable for a CUE.

If a CUE  is found and evidence was present in 2011 (not considered or located).

To rate the issue from 2011 thru 2019, wouldn't the injury or sickness have to manifest to a ratable %.

Otherwise, would it be service connected in 2011 with 0% rating.

[Justaskpat]

8 hours ago, Berta said:

Did you add anything

Hello Berta. Thank you for responding.

I've been at appointments all day, just got home and have not had the chance to respond. I will gather everything I have and try to answer all your questions/comments.

I need to go to the post you referenced and pull info from there, along with adding some other items that could be or could become pertinent, scan in some documents and so forth. I am free all day tomorrow and Wednesday, so will get to work on it and hopefully be able to post something meaningful before the end of the day on Wednesday.

So much has happened. I would go into it here, but best for me to collect my thoughts and write a comprehensive report of "where we were" and "where we are now", then go into the possible CUE issue.

 

[Justaskpat]

12 hours ago, Scottish_Knight said:

Can you cut and paste

Thank you.

Stand by. Hopefully I will have all pertinent data posted by end of the day on Wednesday. I will post it to my original question.

[Justaskpat]

10 hours ago, john999 said:

Rather than file a CUE

Thank you.

The decision is from 2011, so has to be a CUE.

[Justaskpat]

38 minutes ago, Fat said:

o rate the issue from 2011 thru 2019

Thank you.

Stand by. I will be posting more information by the end of the day on Wednesday. I will post it under my original question.