Disputing a unfavorable c&p exam from 2014

[Dot09]

Alright I currently have a cue from 2014 when I was reviewed for an increase of my mental health. My cue is currently at the BVA in which I selected the evidence lane. My question is being that is cue and that the c&p exam was done in 2014 unfavorably can I get a psychiatrist imo to dispute the examiners report or discredit him because it contained legal references and coaching a dr to fill out a dbq multiple times. The report was heavy flawed with his interpretation of law and judged my character as an unlawful deviant and possible malinger. He even called my then ex psychiatrist to get an opinion which at that point was bad blood and can only assume his recommendations were negative. He posted the comments at least 7 times in the report taking the attention off of my symptoms which would have granted a 70 percent. What are your thoughts and can new evidence be added to a cue only to discredit an exam but not add facts? I understand that a cue is unique and can only take the fact at the time but all I’m trying to do is discredit his unfavorable exam. Thank you for reading this.

Edited November 3, 2023 by Dot09

[broncovet]

I agree with Jim, above.  While Im not going to be a decision maker for your CUE claim, remember, the VA "leaving off" certain pages of the evidence section, may be considered "harmless error" which would not manifestly change the outcome.  

What the VA puts in the evidence section is often very vague.   For example they may say, "The medical records for the Veteran from Jun 1, 2002, through OCT. 10, 2023.  

However, 38 CFR 4.6 specifies:

Quote

§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

See the highlighted portion, above.  You could allege that VA failed to "thoroughly and conscientiously study" (your applicable evidence), because, failing so, manifestly changed the outcome by giving you an incorrect effective date.  Now, cite the favorable medical exam (that was not included in the evidence section).  For example, "the exam by Dr. K made on 12 Dec. 2002" specified, "The Veteran was disabled on Dec. 12, 2002", rendering this to be a valid effective date.  

Edited November 17, 2023 by broncovet