First time hearing of this, anyone else?

[FlyboyLeRoy]

I filed a BVA advancement on the docket today. Provided evidence why I should qualify and explained my appeal. In 2021, with my civilian doctors (otolaryngologist) paperwork i submitted, I was granted an increase (already service connected) to 100%. Months later, the va still scheduled a c&p exam for me, even with sufficient evidence and of higher probative value. That c&p exam like a PA (physician assistant) and a general MD to not mark the same boxes as my doctor which resulted in my decrease. After faxing  an advancement on docket today, after logging in Ebenefits I noticed they had filed a CUE same day and was already  assigned to a reviewer. It wasn’t what I asked for but I’m kinda glad they did it. Any similar stories? 

[broncovet]

I am rarely suprised by anything the vA does.  

There is a reasonable chance the Va cue'd themselves because they did not consider you for SMC S..pretty much

required whenever you are awarded a single 100 percent.  And, this may involve a c and p exam "if you are close" to the

100 plus 60 for smc s statuatory.  

The va "has a duty" to maximize the Veterans benefits.  

[FlyboyLeRoy]

21 minutes ago, broncovet said:

I am rarely suprised by anything the vA does.  

There is a reasonable chance the Va cue'd themselves because they did not consider you for SMC S..pretty much

required whenever you are awarded a single 100 percent.  And, this may involve a c and p exam "if you are close" to the

100 plus 60 for smc s statuatory.  

The va "has a duty" to maximize the Veterans benefits.  

For the short month I had 100%, i was given SMC too 

[Vync]

@FlyboyLeRoy I was granted a single 100% rating after a heart attack. I already had a single 60% rating for something else and was also granted SMC-S because I could not work. After I recovered and returned to work, they ended up re-evaluating the 100% to reduce it to 60% (that was a required re-eval per the rating criteria) and the SMC-S was removed because I was working again.

[Dustoff1970]

If you held a TDIU rating then no surprise you were reduced otherwise you could have contested the reduction if 100% scheduler only.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[Dot09]

Whatever came of this cue. Did the Va send you a proposal to reduce? Also did you get SMC s satuatory?