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

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Justaskpat

Question

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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6 minutes ago, Berta said:

I wont be here much in the next few months.

Thanks for the info. I will pay strict attention to the requirements and do my best to cover all the bases. Enjoy the next few months.  I hope all is well! 

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On 5/13/2021 at 6:14 PM, Berta said:

I appreciate the work you are doing for your husband and I am continuing my VA issues, even though my husband is dead, so that he and I can rest in peace.

Amen. Thank you and I feel the same way. I am 8 years older than my husband. I fear predeceasing him without first getting every available assistance and payment he is entitled to. One never knows who is going to go first, but I will rest easy after my due diligence in this matter is fully completed and I know for certain I have done all I can to ensure he is well taken care of.

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