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sphynix06 You can ask them to CUE themself  but you got to make sure every T is crossed and I’s dotted .  VA’s failure to give a sympathetic reading to the veteran’s filings by determining all potential claims raised by the evidence, applying all relevant current laws and regulations. Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004). ∙ VA’s failure to apply applicable, existing regulations or statute at that time. Look v. Derwinski, 2 Vet. App. 157, 163-64 (1992). ∙ VA’s failure to follow the regulations that govern whether an existing disability rating should be reduced, namely 38 C.F.R. §§ 3.343 and 3.344. Olson v. Brown, 5 Vet. App. at 434; Ternus v. Brown, 6 Vet. App. 370, 376 (1994); Sorakubo v. Principi, 16 Vet. App 120, 123-24 (2002). ∙ VA’s failure to properly apply the Schedule of Rating Disabilities. Myler v. Derwinski, 1 Vet. App. 571, 574-75 (1991). ∙ VA’s failure to apply 38 C.F.R. § 3.303(b) which establishes a presumption of service connection for chronic diseases diagnosed in service. Groves v. Peake, 524 F.3d 1306 (Fed. Cir. 2008). ∙ VA’s failure to apply the regulation that governs conditions that preexist service. Joyce v. West, 19Vet. App. 36 (2005); see also Sondel v. West, 13 Vet. App. 213 (1999) and Akins v. Derwinski, 1 Vet. App. 228 (1991). Unsuccessful CUE Claims Additionally, the following are examples of unsuccessful CUE claims: ∙ VA’s reliance on medical diagnosis in a BVA denial was incorrect in light of a medical diagnosis rendered after the BVA denial. ∙ VA’s failure to fulfill the duty to assist. ∙ BVA’s failure to properly weigh or evaluate the facts (weight of evidence). ∙ Change in the interpretation of a statute or regulation occurring after BVA decision.   try to get that bad examiners credentials …he/she may not be qualified to do a MST  C&P and can not give a Diagnoses….if so use that as reason you requesting another C&P Exam  with different Dr, you have that right….if a veteran lets things like this go and not fight it   they love it. A New C&P and Qualified & a common sense examiner   is what you need  and I bet you will be approved…depending on your symptoms as for as your rating, but service connection should be established.

Author: WPTangerine


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