Reply to Board of Veterans Appeals (Attorney Advisor)

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[quote=Anonymous][quote=Anonymous]So I'm no longer at the Board but I'm helping a friend pro bono with what appears to be a CUE claim. I was never on SCT, so I learned very little about CUE other than to spot it and send it to SCT.

The fact pattern is residuals post removal of an organ a couple of years ago. The RO rated the scar, and denied SC for symptoms under a separate DC, incorrect DC, rather than under the correct DC for post surgical residuals.

Any pointers? This will be a CUE claim to the RO. [/quote]

The CUE claim has to be based on the evidence of record at the time of the rating.
Look and see if they used the correct facts about the diagnosis and the residuals that were known at that time.  If there was conflicting evidence about residuals then it is a difference in the way the facts were weighed. A difference in weighing fact is not CUE.  However if there was not conflicting evidence and a medical record at the time clearly identified a residual, it could be a clear error in the application of the rating criteria.[/quote]

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